[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
May 7, 2010.
Resolved, That the bill from the House of Representatives (H.R.
3619) entitled ``An Act to authorize appropriations for the Coast Guard
for fiscal year 2010, and for other purposes.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act for
Fiscal Years 2010 and 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--ADMINISTRATION
Sec. 201. Authority to distribute funds through grants, cooperative
agreements, and contracts to maritime
authorities and organizations.
Sec. 202. Assistance to foreign governments and maritime authorities.
Sec. 203. Cooperative agreements for industrial activities.
Sec. 204. Defining Coast Guard vessels and aircraft.
TITLE III--ORGANIZATION
Sec. 301. Vice commandant; vice admirals.
Sec. 302. Number and distribution of commissioned officers on the
active duty promotion list.
TITLE IV--PERSONNEL
Sec. 401. Leave retention authority.
Sec. 402. Legal assistance for Coast Guard reservists.
Sec. 403. Reimbursement for certain medical-related expenses.
Sec. 404. Reserve commissioned warrant officer to lieutenant program.
Sec. 405. Enhanced status quo officer promotion system.
Sec. 406. Appointment of civilian Coast Guard judges.
Sec. 407. Coast Guard participation in the Armed Forces Retirement Home
system.
Sec. 408. Crew wages on passenger vessels.
Sec. 409. Protection and fair treatment of seafarers.
TITLE V--ACQUISITION REFORM
Sec. 501. Chief Acquisition Officer.
Sec. 502. Acquisitions.
``CHAPTER 15--ACQUISITIONS
``Subchapter 1--General Provisions
``Sec.
``561. Acquisition directorate
``562. Senior acquisition leadership team
``563. Improvements in Coast Guard acquisition management
``564. Recognition of Coast Guard personnel for excellence
in acquisition
``565. Prohibition on use of lead systems integrators
``566. Required contract terms
``567. Department of Defense consultation
``568. Undefinitized contractual actions
``Subchapter 2--Improved Acquisition Process and Procedures
``Sec.
``571. Identification of major system acquisitions
``572. Acquisition
``573. Preliminary development and demonstration
``574. Acquisition, production, deployment, and support
``575. Acquisition program baseline breach
``Subchapter 3--Definitions
``Sec.
``581. Definitions''
Sec. 503. Report and guidance on excess pass-through charges.
TITLE VI--SHIPPING AND NAVIGATION
Sec. 601. Technical amendments to chapter 313 of title 46, United
States Code.
Sec. 602. Clarification of rulemaking authority.
Sec. 603. Icebreakers.
Sec. 604. Phaseout of vessels supporting oil and gas development.
TITLE VII--VESSEL CONVEYANCE
Sec. 701. Short title.
Sec. 702. Conveyance of Coast Guard vessels for public purposes.
TITLE VIII--OIL POLLUTION PREVENTION
Sec. 801. Rulemakings.
Sec. 802. Oil transfers from vessels.
Sec. 803. Improvements to reduce human error and near miss incidents.
Sec. 804. Olympic coast national marine sanctuary.
Sec. 805. Prevention of small oil spills.
Sec. 806. Improved coordination with tribal governments.
Sec. 807. Report on availability of technology to detect the loss of
oil.
Sec. 808. Use of oil spill liability trust fund.
Sec. 809. International efforts on enforcement.
Sec. 810. Higher volume port area regulatory definition change.
Sec. 811. Tug escorts for laden oil tankers.
Sec. 812. Extension of financial responsibility.
Sec. 813. Oil spill liability trust fund investment amount.
Sec. 814. Liability for use of single-hull vessels.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Vessel determination.
Sec. 902. Conveyance of the Presque Isle Light Station Fresnel Lens to
Presque Isle Township, Michigan.
Sec. 903. Land conveyance, Coast Guard property in Marquette County,
Michigan, to the city of Marquette,
Michigan.
Sec. 904. Offshore supply vessels.
Sec. 905. Assessment of certain aids to navigation and traffic flow.
Sec. 906. Alternative licensing program for operators of uninspected
passenger vessels on Lake Texoma in Texas
and Oklahoma.
TITLE X--BUDGETARY EFFECTS
Sec. 1001. Budgetary effects.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary expenses of
the Coast Guard for each of fiscal years 2010 and 2011 as follows:
(1) For the operation and maintenance of the Coast Guard,
$6,556,188,000, of which $24,500,000 is authorized to be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990.
(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,383,980,000, of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990, to remain available until expended; such funds
appropriated for personnel compensation and benefits and
related costs of acquisition, construction, and improvements
shall be available for procurement of services necessary to
carry out the Integrated Deepwater Systems program.
(3) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $1,361,245,000.
(4) For environmental compliance and restoration functions
under chapter 19 of title 14, United States Code, $13,198,000.
(5) For research, development, test, and evaluation
programs related to maritime technology, $19,745,000.
(6) For operation and maintenance of the Coast Guard
reserve program, $133,632,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength of active duty personnel of 49,954 as of September 30,
2010, and 52,452 as of September 30, 2011.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training, 2,500 student years
for fiscal year 2010, and 2,625 student years for fiscal year
2011.
(2) For flight training, 170 student years for fiscal year
2010 and 179 student years for fiscal year 2011.
(3) For professional training in military and civilian
institutions, 350 student years for fiscal year 2010 and 368
student years for fiscal year 2011.
(4) For officer acquisition, 1,300 student years for fiscal
year 2010 and 1,365 student years for fiscal year 2011.
TITLE II--ADMINISTRATION
SEC. 201. AUTHORITY TO DISTRIBUTE FUNDS THROUGH GRANTS, COOPERATIVE
AGREEMENTS, AND CONTRACTS TO MARITIME AUTHORITIES AND
ORGANIZATIONS.
Section 149 of title 14, United States Code, is amended by adding
at the end the following:
``(c) Grants to International Maritime Organizations.--The
Commandant may, after consultation with the Secretary of State, make
grants to, or enter into cooperative agreements, contracts, or other
agreements with, international maritime organizations for the purpose
of acquiring information or data about merchant vessel inspections,
security, safety and environmental requirements, classification, and
port state or flag state law enforcement or oversight.''.
SEC. 202. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME AUTHORITIES.
Section 149 of title 14, United States Code, as amended by section
201, is further amended by adding at the end the following:
``(d) Authorized Activities.--
``(1) The Commandant may transfer or expend funds from any
appropriation available to the Coast Guard for--
``(A) the activities of traveling contact teams,
including any transportation expense, translation
services expense, or administrative expense that is
related to such activities;
``(B) the activities of maritime authority liaison
teams of foreign governments making reciprocal visits
to Coast Guard units, including any transportation
expense, translation services expense, or
administrative expense that is related to such
activities;
``(C) seminars and conferences involving members of
maritime authorities of foreign governments;
``(D) distribution of publications pertinent to
engagement with maritime authorities of foreign
governments; and
``(E) personnel expenses for Coast Guard civilian
and military personnel to the extent that those
expenses relate to participation in an activity
described in subparagraph (C) or (D).
``(2) An activity may not be conducted under this
subsection with a foreign country unless the Secretary of State
approves the conduct of such activity in that foreign
country.''.
SEC. 203. COOPERATIVE AGREEMENTS FOR INDUSTRIAL ACTIVITIES.
Section 151 of title 14, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``All
orders''; and
(2) by adding at the end the following:
``(b) Orders and Agreements for Industrial Activities.--Under this
section, the Coast Guard industrial activities may accept orders and
enter into reimbursable agreements with establishments, agencies, and
departments of the Department of Defense and the Department of Homeland
Security.''.
SEC. 204. DEFINING COAST GUARD VESSELS AND AIRCRAFT.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by inserting after section 638 the following new section:
``Sec. 638a. Coast Guard vessels and aircraft defined
``For the purposes of sections 637 and 638 of this title, the term
Coast Guard vessels and aircraft means--
``(1) any vessel or aircraft owned, leased, transferred to,
or operated by the Coast Guard and under the command of a Coast
Guard member; or
``(2) any other vessel or aircraft under the tactical
control of the Coast Guard on which one or more members of the
Coast Guard are assigned and conducting Coast Guard
missions.''.
(b) Clerical Amendment.--The table of contents for chapter 17 of
such title is amended by inserting after the item relating to section
638 the following:
``638a. Coast Guard vessels and aircraft defined.''.
TITLE III--ORGANIZATION
SEC. 301. VICE COMMANDANT; VICE ADMIRALS.
(a) Vice Commandant.--
(1) Section 41 of title 14, United States Code, is amended
by striking ``an admiral,'' and inserting ``admirals,''.
(2) The fourth sentence of section 47 of title 14, United
States Code, is amended by striking ``vice admiral'' and
inserting ``admiral''.
(b) Vice Admirals.--Section 50 of such title is amended to read as
follows:
``Sec. 50. Vice admirals
``(a)(1) The President may designate no more than 4 positions of
importance and responsibility that shall be held by officers who--
``(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade; and
``(B) shall perform such duties as the Commandant may
prescribe.
``(2) The President may appoint, by and with the advice and consent
of the Senate, and reappoint, by and with the advice and consent of the
Senate, to any such position an officer of the Coast Guard who is
serving on active duty above the grade of captain. The Commandant shall
make recommendations for such appointments.
``(b)(1) The appointment and the grade of vice admiral shall be
effective on the date the officer assumes that duty and, except as
provided in paragraph (2) of this subsection or in section 51(d) of
this title, shall terminate on the date the officer is detached from
that duty.
``(2) An officer who is appointed to a position designated under
subsection (a) shall continue to hold the grade of vice admiral--
``(A) while under orders transferring the officer to
another position designated under subsection (a), beginning on
the date the officer is detached from that duty and terminating
on the date before the day the officer assumes the subsequent
duty, but not for more than 60 days;
``(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is discharged
from the hospital, but not for more than 180 days; and
``(C) while awaiting retirement, beginning on the date the
officer is detached from duty and ending on the day before the
officer's retirement, but not for more than 60 days.
``(c)(1) An appointment of an officer under subsection (a) does not
vacate the permanent grade held by the officer.
``(2) An officer serving in a grade above rear admiral who holds
the permanent grade of rear admiral (lower half) shall be considered
for promotion to the permanent grade of rear admiral as if the officer
was serving in the officer's permanent grade.
``(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of the
qualifications needed by an officer serving in that position or office
to carry out effectively the duties and responsibilities of that
position or office.''.
(c) Repeal.--Section 50a of such title is repealed.
(d) Conforming Amendments.--Section 51 of such title is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) An officer, other than the Commandant, who, while serving in
the grade of admiral or vice admiral, is retired for physical
disability shall be placed on the retired list with the highest grade
in which that officer served.
``(b) An officer, other than the Commandant, who is retired while
serving in the grade of admiral or vice admiral, or who, after serving
at least 2\1/2\ years in the grade of admiral or vice admiral, is
retired while serving in a lower grade, may in the discretion of the
President, be retired with the highest grade in which that officer
served.
``(c) An officer, other than the Commandant, who, after serving
less than 2\1/2\ years in the grade of admiral or vice admiral, is
retired while serving in a lower grade, shall be retired in his
permanent grade.''; and
(2) by striking ``Area Commander, or Chief of Staff'' in
subsection (d)(2) and inserting ``or Vice Admiral''.
(e) Continuity of Grade.--Section 52 of title 14, United States
Code, is amended by inserting ``or admiral'' after ``vice admiral'' the
first place it appears.
(f) Continuation on Active Duty.--The second sentence of section
290(a) of title 14, United States Code, is amended to read as follows:
``Officers, other than the Commandant, serving for the time being or
who have served in the grade of vice admiral or admiral are not subject
to consideration for continuation under this subsection, and as to all
other provisions of this section shall be considered as having been
continued at the grade of rear admiral.''.
(g) Clerical Amendments.--
(1) The section caption for section 47 of such title is
amended to read as follows:
``Sec. 47. Vice commandant; appointment''.
(2) The section caption for section 52 of title 14, United
States Code, is amended to read as follows:
``Sec. 52. Vice admirals and admiral, continuity of grade''.
(3) The table of contents for chapter 3 of such title is
amended--
(A) by striking the item relating to section 47 and
inserting the following:
``47. Vice Commandant; appointment.'';
(B) by striking the item relating to section 50a;
(C) by striking the item relating to section 50 and
inserting the following:
``50. Vice admirals.''; and
(D) by striking the item relating to section 52 and
inserting the following:
``52. Vice admirals and admiral, continuity of grade.''.
(h) Technical Correction.--Section 47 of such title is further
amended by striking ``subsection'' in the fifth sentence and inserting
``section''.
(i) Treatment of Incumbents; Transition.--
(1) Notwithstanding any other provision of law, the officer
who, on the date of enactment of this Act, is serving as Vice
Commandant--
(A) shall continue to serve as Vice Commandant;
(B) shall have the grade of admiral with pay and
allowances of that grade; and
(C) shall not be required to be reappointed by
reason of the enactment of that Act.
(2) Notwithstanding any other provision of law, an officer
who, on the date of enactment of this Act, is serving as Chief
of Staff, Commander, Atlantic Area, or Commander, Pacific
Area--
(A) shall continue to have the grade of vice
admiral with pay and allowance of that grade until such
time that the officer is relieved of his duties and
appointed and confirmed to another position as a vice
admiral or admiral; or
(B) for the purposes of transition, may continue at
the grade of vice admiral with pay and allowance of
that grade, for not more than 1 year after the date of
enactment of this Act, to perform the duties of the
officer's former position and any other such duties
that the Commandant prescribes.
SEC. 302. NUMBER AND DISTRIBUTION OF COMMISSIONED OFFICERS ON THE
ACTIVE DUTY PROMOTION LIST.
(a) In General.--Section 42 of title 14, United States Code, is
amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) The total number of Coast Guard commissioned officers on the
active duty promotion list, excluding warrant officers, shall not
exceed 7,200. This total number may be temporarily increased up to 2
percent for no more than the 60 days that follow the commissioning of a
Coast Guard Academy class.
``(b) The total number of commissioned officers authorized by this
section shall be distributed in grade not to exceed the following
percentages:
``(1) 0.375 percent for rear admiral.
``(2) 0.375 percent for rear admiral (lower half).
``(3) 6.0 percent for captain.
``(4) 15.0 percent for commander.
``(5) 22.0 percent for lieutenant commander.
The Secretary shall prescribe the percentages applicable to the grades
of lieutenant, lieutenant (junior grade), and ensign. The Secretary
may, as the needs of the Coast Guard require, reduce any of the
percentages set forth in paragraphs (1) through (5) and apply that
total percentage reduction to any other lower grade or combination of
lower grades.
``(c) The Secretary shall, at least once a year, compute the total
number of commissioned officers authorized to serve in each grade by
applying the grade distribution percentages of this section to the
total number of commissioned officers listed on the current active duty
promotion list. In making such calculations, any fraction shall be
rounded to the nearest whole number. The number of commissioned
officers on the active duty promotion list serving with other
departments or agencies on a reimbursable basis or excluded under the
provisions of section 324(d) of title 49, shall not be counted against
the total number of commissioned officers authorized to serve in each
grade.'';
(2) by striking subsection (e) and inserting the following:
``(e) The number of officers authorized to be serving on active
duty in each grade of the permanent commissioned teaching staff of the
Coast Guard Academy and of the Reserve serving in connection with
organizing, administering, recruiting, instructing, or training the
reserve components shall be prescribed by the Secretary.''; and
(3) by striking the caption of such section and inserting
the following:
``Sec. 42. Number and distribution of commissioned officers on the
active duty promotion list''.
(b) Clerical Amendment.--The table of contents for chapter 3 of
such title is amended by striking the item relating to section 42 and
inserting the following:
``42. Number and distribution of commissioned officers on the active
duty promotion list''.
TITLE IV--PERSONNEL
SEC. 401. LEAVE RETENTION AUTHORITY.
Section 701(f)(2) of title 10, United States Code, is amended by
inserting ``or a declaration of a major disaster or emergency by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 93-288, 42 U.S.C. 5121 et seq.)'' after
``operation''.
SEC. 402. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.
Section 1044(a)(4) of title 10, United States Code, is amended--
(1) by striking ``(as determined by the Secretary of
Defense),'' and inserting ``(as determined by the Secretary of
Defense and the Secretary of the department in which the Coast
Guard is operating, with respect to the Coast Guard when it is
not operating as a service of the Navy),''; and
(2) by striking ``prescribed by the Secretary of Defense,''
and inserting ``prescribed by Secretary of Defense and the
Secretary of the department in which the Coast Guard is
operating, with respect to the Coast Guard when it is not
operating as a service of the Navy,''.
SEC. 403. REIMBURSEMENT FOR CERTAIN MEDICAL-RELATED TRAVEL EXPENSES.
Section 1074i(a) of title 10, United States Code, is amended--
(1) by striking ``In General.--In'' and inserting ``In
General.--(1) In''; and
(2) by adding at the end the following:
``(2) In any case in which a covered beneficiary resides on an
INCONUS island that lacks public access roads to the mainland and is
referred by a primary care physician to a specialty care provider on
the mainland who provides services less than 100 miles from the
location in which the beneficiary resides, the Secretary shall
reimburse the reasonable travel expenses of the covered beneficiary,
and, when accompaniment by an adult is necessary, for a parent or
guardian of the covered beneficiary or another member of the covered
beneficiary's family who is at least 21 years of age.''.
SEC. 404. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM.
Section 214(a) of title 14, United States Code, is amended to read
as follows:
``(a) The President may appoint temporary commissioned officers--
``(1) in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers, warrant
officers, and enlisted members of the Coast Guard, and from
licensed officers of the United States merchant marine; and
``(2) in the Coast Guard Reserve in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers of the
Coast Guard Reserve.''.
SEC. 405. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.
(a) Section 253(a) of title 14, United States Code, is amended--
(1) by inserting ``and'' after ``considered,''; and
(2) by striking ``consideration, and the number of officers
the board may recommend for promotion'' and inserting
``consideration''.
(b) Section 258 of such title is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) In addition to the information provided pursuant to
subsection (a), the Secretary may furnish the selection board--
``(1) specific direction relating to the needs of the
service for officers having particular skills, including
direction relating to the need for a minimum number of officers
with particular skills within a specialty; and
``(2) such other guidance that the Secretary believes may
be necessary to enable the board to properly perform its
functions.
Selections made based on the direction and guidance provided under this
subsection shall not exceed the maximum percentage of officers who may
be selected from below the announced promotion zone at any given
selection board convened under section 251 of this title.''.
(c) Section 259(a) of such title is amended by striking ``board''
the second place it appears and inserting ``board, giving due
consideration to the needs of the service for officers with particular
skills so noted in the specific direction furnished pursuant to section
258 of this title,''.
(d) Section 260(b) of such title is amended by inserting ``to meet
the needs of the service (as noted in the specific direction furnished
the board under section 258 of this title)'' after ``qualified for
promotion''.
SEC. 406. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.
Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Appointment of Judges.--The Secretary may appoint civilian
employees of the Department of Homeland Security as appellate military
judges, available for assignment to the Coast Guard Court of Criminal
Appeals as provided for in section 866(a) of title 10, United States
Code.''.
SEC. 407. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME
SYSTEM.
(a) Eligibility under the Armed Forces Retirement Home Act.--
Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
401) is amended--
(1) by striking ``does not include the Coast Guard when it
is not operating as a service of the Navy.'' in paragraph (4)
and inserting ``has the meaning given such term in section
101(4) of title 10.'';
(2) by striking ``and'' in paragraph (5)(C);
(3) by striking ``Affairs.'' in paragraph (5)(D) and
inserting ``Affairs; and'';
(4) by adding at the end of paragraph (5) the following:
``(E) the Assistant Commandant of the Coast Guard
for Human Resources.''; and
(5) by adding at the end of paragraph (6) the following:
``(E) The Master Chief Petty Officer of the Coast
Guard.''.
(b) Deductions.--
(1) Section 2772 of title 10, United States Code, is
amended--
(A) by striking ``of the military department'' in
subsection (a);
(B) by striking ``Armed Forces Retirement Home
Board'' in subsection (b) and inserting ``Chief
Operating Officer of the Armed Forces Retirement
Home''; and
(C) by striking subsection (c).
(2) Section 1007(i) of title 37, United States Code, is
amended--
(A) by striking ``Armed Forces Retirement Home
Board,'' in paragraph (3) and inserting ``Chief
Operating Officer of the Armed Forces Retirement
Home,''; and
(B) by striking ``does not include the Coast Guard
when it is not operating as a service of the Navy.'' in
paragraph (4) and inserting ``has the meaning given
such term in section 101(4) of title 10.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first pay period beginning on or after
January 1, 2010.
SEC. 408. CREW WAGES ON PASSENGER VESSELS.
(a) Foreign and Intercoastal Voyages.--
(1) Cap on penalty wages.--Section 10313(g) of title 46,
United States Code, is amended--
(A) by striking ``When'' and inserting ``(1)
Subject to paragraph (2), when''; and
(B) by adding at the end the following:
``(2) The total amount required to be paid under paragraph (1) with
respect to all claims in a class action suit by seamen on a passenger
vessel capable of carrying more than 500 passengers for wages under
this section against a vessel master, owner, or operator or the
employer of the seamen shall not exceed 10 times the unpaid wages that
are the subject of the claims.
``(3) A class action suit for wages under this subsection must be
commenced within 3 years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the suit
that is made in the ordinary course of employment.''.
(2) Deposits.--Section 10315 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--By written request signed by the
seaman, a seaman employed on a passenger vessel capable of carrying
more than 500 passengers may authorize the master, owner, or operator
of the vessel, or the employer of the seaman, to make deposits of wages
of the seaman into a checking, savings, investment, or retirement
account, or other account to secure a payroll or debit card for the
seaman if--
``(1) the wages designated by the seaman for such deposit
are deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman no
less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.
(b) Coastwise Voyages.--
(1) Cap on penalty wages.--Section 10504(c) of such title
is amended--
(A) by striking ``When'' and inserting ``(1)
Subject to subsection (d), and except as provided in
paragraph (2), when''; and
(B) by adding at the end the following:
``(2) The total amount required to be paid under paragraph (1) with
respect to all claims in a class action suit by seamen on a passenger
vessel capable of carrying more than 500 passengers for wages under
this section against a vessel master, owner, or operator or the
employer of the seamen shall not exceed 10 times the unpaid wages that
are the subject of the claims.
``(3) A class action suit for wages under this subsection must be
commenced within 3 years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the suit
that is made in the ordinary course of employment.''.
(2) Deposits.--Section 10504 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--By written request signed by the
seaman, a seaman employed on a passenger vessel capable of carrying
more than 500 passengers may authorize the master, owner, or operator
of the vessel, or the employer of the seaman, to make deposits of wages
of the seaman into a checking, savings, investment, or retirement
account, or other account to secure a payroll or debit card for the
seaman if--
``(1) the wages designated by the seaman for such deposit
are deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman no
less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.
SEC. 409. PROTECTION AND FAIR TREATMENT OF SEAFARERS.
(a) In General.--Chapter 111 of title 46, United States Code, is
amended by adding at the end the following new section:
``11113. Protection and fair treatment of seafarers
``(a) Purpose.--The purpose of this section is to ensure the
protection and fair treatment of seafarers.
``(b) Fund.--
``(1) Establishment.--There is established in the Treasury
a special fund known as the `Support of Seafarers Fund'.
``(2) Use of amounts in fund.--The amounts covered into the
Fund shall be available to the Secretary, without further
appropriation and without fiscal year limitation, to--
``(A) pay necessary support, pursuant to subsection
(c)(1)(A) of this section; and
``(B) reimburse a shipowner for necessary support,
pursuant to subsection (c)(1)(B) of this section.
``(3) Amounts credited to fund.--Notwithstanding any other
provision of law, the Fund may receive--
``(A) any moneys ordered to be paid to the Fund in
the form of community service pursuant to section
3563(b) of title 18;
``(B) amounts reimbursed or recovered pursuant to
subsection (d) of this section;
``(C) amounts appropriated to the Fund pursuant to
subsection (g) of this section; and
``(D) appropriations available to the Secretary for
transfer.
``(4) Prerequisite for community service credits.--The Fund
may receive credits pursuant to paragraph (3)(A) of this
subsection only when the unobligated balance of the Fund is
less than $5,000,000.
``(5) Report required.--
``(A) Except as provided in subparagraph (B) of
this paragraph, the Secretary shall not obligate any
amount in the Fund in a given fiscal year unless the
Secretary has submitted to Congress, concurrent with
the President's budget submission for that fiscal year,
a report that describes--
``(i) the amounts credited to the Fund,
pursuant to paragraph (3) of this subsection,
for the preceding fiscal year;
``(ii) a detailed description of the
activities for which amounts were charged; and
``(iii) the projected level of expenditures
from the Fund for the coming fiscal year, based
on--
``(I) on-going activities; and
``(II) new cases, derived from
historic data.
``(B) The limitation in subparagraph (A) of this
paragraph shall not apply to obligations during the
first fiscal year during which amounts are credited to
the Fund.
``(6) Fund manager.--The Secretary shall designate a Fund
manager, who shall--
``(A) ensure the visibility and accountability of
transactions utilizing the Fund;
``(B) prepare the report required by paragraph (5);
and
``(C) monitor the unobligated balance of the Fund
and provide notice to the Secretary and the Attorney
General whenever the unobligated balance of the Fund is
less than $5,000,000.
``(c) In General.--
``(1) Authority.--The Secretary is authorized--
``(A) to pay, in whole or in part, without further
appropriation and without fiscal year limitation, from
amounts in the Fund, necessary support of--
``(i) any seafarer who enters, remains, or
has been paroled into the United States and is
involved in an investigation, reporting,
documentation, or adjudication of any matter
that is related to the administration or
enforcement of any treaty, law, or regulation
by the Coast Guard; and
``(ii) any seafarer whom the Secretary
finds to have been abandoned in the United
States; and
``(B) to reimburse, in whole or in part, without
further appropriation and without fiscal year
limitation, from amounts in the Fund, a shipowner, who
has filed a bond or surety satisfactory pursuant to
subparagraph (A) and provided necessary support of a
seafarer who has been paroled into the United States to
facilitate an investigation, reporting, documentation,
or adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard, for costs of necessary
support, when the Secretary deems reimbursement
necessary to avoid serious injustice.
``(2) Limitation.--Nothing in this section shall be
construed--
``(A) to create a right, benefit, or entitlement to
necessary support; or
``(B) to compel the Secretary to pay, or reimburse
the cost of, necessary support.
``(d) Reimbursements; Recovery.--
``(1) In general.--Any shipowner shall reimburse the Fund
an amount equal to the total amount paid from the Fund for
necessary support of the seafarer, plus a surcharge of 25
percent of such total amount if--
``(A)(i) the shipowner, during the course of an
investigation, reporting, documentation, or
adjudication of any matter that the Coast Guard
referred to a United States Attorney or the Attorney
General, fails to provide necessary support of a
seafarer who has been paroled into the United States to
facilitate the investigation, reporting, documentation,
or adjudication; and
``(ii) a criminal penalty is subsequently imposed
against the shipowner; or
``(B) the shipowner, under any circumstance,
abandons a seafarer in the United States, as decided by
the Secretary.
``(2) Enforcement.--If a shipowner fails to reimburse the
Fund as required under paragraph (1) of this subsection, the
Secretary may--
``(A) proceed in rem against any vessel of the
shipowner in the Federal district court for the
district in which such vessel is found; and
``(B) withhold or revoke the clearance, required by
section 60105 of this title, of any vessel of the
shipowner wherever such vessel is found.
``(3) Whenever clearance is withheld or revoked pursuant to
paragraph (2)(B) of this subsection, clearance may be granted
if the shipowner reimburses the Fund the amount required under
paragraph (1) of this subsection.
``(e) Surety; Enforcement of Treaties, Laws, and Regulations.--
``(1) Bond and surety authority.--The Secretary is
authorized to require a bond or surety satisfactory as an
alternative to withholding or revoking clearance required under
section 60105 of this title if, in the opinion of the
Secretary, such bond or surety satisfactory is necessary to
facilitate an investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or regulation
by the Coast Guard if the surety corporation providing the bond
is authorized by the Secretary of the Treasury under section
9305 of title 31 to provide surety bonds under section 9304 of
that title.
``(2) Application.--The authority to require a bond or a
surety satisfactory or to request the withholding or revocation
of the clearance required under section 60105 of this title
applies to any investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or regulation
by the Coast Guard.
``(f) Definitions.--In this section:
``(1) Abandons; abandoned.--The term `abandons' or
`abandoned' means a shipowner's unilateral severance of ties
with a seafarer or the shipowner's failure to provide necessary
support of a seafarer.
``(2) Bond or surety satisfactory.--The term `bond or
surety satisfactory' means a negotiated instrument, the terms
of which may, at the discretion of the Secretary, include
provisions that require the shipowner to--
``(A) provide necessary support of a seafarer who
has or may have information pertinent to an
investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Secretary;
``(B) facilitate an investigation, reporting,
documentation, or adjudication of any matter that is
related to the administration or enforcement of any
treaty, law, or regulation by the Secretary;
``(C) stipulate to certain incontrovertible facts,
including, but not limited to, the ownership or
operation of the vessel, or the authenticity of
documents and things from the vessel;
``(D) facilitate service of correspondence and
legal papers;
``(E) enter an appearance in United States district
court;
``(F) comply with directions regarding payment of
funds;
``(G) name an agent in the United States for
service of process;
``(H) make stipulations as to the authenticity of
certain documents in United States district court;
``(I) provide assurances that no discriminatory or
retaliatory measures will be taken against a seafarer
involved in an investigation, reporting, documentation,
or adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Secretary;
``(J) provide financial security in the form of
cash, bond, or other means acceptable to the Secretary;
and
``(K) provide for any other appropriate measures as
the Secretary considers necessary to ensure the
Government is not prejudiced by granting the clearance
required by section 60105 of title 46.
``(3) Fund.--The term `Fund' means the Support of Seafarers
Fund, established pursuant to this section.
``(4) Necessary support.--The term `necessary support'
means normal wages, lodging, subsistence, clothing, medical
care (including hospitalization), repatriation, and any other
expense the Secretary deems appropriate.
``(5) Seafarer.--The term `seafarer' means an alien crewman
who is employed or engaged in any capacity on board a vessel
subject to the jurisdiction of the United States.
``(6) Shipowner.--The term `shipowner' means the individual
or entity that owns, has an ownership interest in, or operates
a vessel subject to the jurisdiction of the United States.
``(7) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the same meaning it has in section 70502(c)
of this title, except that it excludes a vessel owned or
bareboat chartered and operated by the United States, by a
State or political subdivision thereof, or by a foreign nation,
except when that vessel is engaged in commerce.
``(g) Regulations.--The Secretary may prescribe regulations to
implement this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $1,500,000 for each of fiscal years 2010,
2011, and 2012.''.
(b) Clerical Amendment.--The chapter analysis for chapter 111 of
title 46, United States Code, is amended by adding at the end the
following new item:
``11113. Protection and fair treatment of seafarers''.
TITLE V--ACQUISITION REFORM
SEC. 501. CHIEF ACQUISITION OFFICER.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 55. Chief Acquisition Officer
``(a) In General.--There shall be in the Coast Guard a Chief
Acquisition Officer selected by the Commandant who shall be a Rear
Admiral or civilian from the Senior Executive Service (career
reserved). The Chief Acquisition Officer shall serve at the Assistant
Commandant level and have acquisition management as that individual's
primary duty.
``(b) Qualifications.--The Chief Acquisition Officer shall be an
acquisition professional with a Level III certification and must have
at least 10 years experience in an acquisition position, of which at
least 4 years were spent as--
``(1) the program executive officer;
``(2) the program manager of a Level 1 or Level 2
acquisition project or program;
``(3) the deputy program manager of a Level 1 or Level 2
acquisition; or
``(4) a combination of such positions.
``(c) Functions of the Chief Acquisition Officer.--The functions of
the Chief Acquisition Officer include--
``(1) monitoring the performance of programs and projects
on the basis of applicable performance measurements and
advising the Commandant, through the chain of command,
regarding the appropriate business strategy to achieve the
missions of the Coast Guard;
``(2) maximizing the use of full and open competition at
the prime contract and subcontract levels in the acquisition of
property, capabilities, and services by the Coast Guard by
establishing policies, procedures, and practices that ensure
that the Coast Guard receives a sufficient number of
competitive proposals from responsible sources to fulfill the
Government's requirements, including performance and delivery
schedules, at the lowest cost or best value considering the
nature of the property or service procured;
``(3) making acquisition decisions in concurrence with the
technical authority, or technical authorities, as appropriate,
of the Coast Guard, as designated by the Commandant, consistent
with all other applicable laws and decisions establishing
procedures within the Coast Guard;
``(4) ensuring the use of detailed performance
specifications in instances in which performance based
contracting is used;
``(5) managing the direction of acquisition policy for the
Coast Guard, including implementation of the unique acquisition
policies, regulations, and standards of the Coast Guard;
``(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that there is
an adequate acquisition workforce;
``(7) assessing the requirements established for Coast
Guard personnel regarding knowledge and skill in acquisition
resources and management and the adequacy of such requirements
for facilitating the achievement of the performance goals
established for acquisition management;
``(8) developing strategies and specific plans for hiring,
training, and professional development; and
``(9) reporting to the Commandant, through the chain of
command, on the progress made in improving acquisition
management capability.''.
(b) Clerical Amendment.--The table of contents for chapter 3 of
title 14, United States Code, is amended by adding at the end the
following:
``55. Chief Acquisition Officer''.
(c) Selection Deadline.--As soon as practicable after the date of
enactment of this Act, but no later than October 1, 2011, the
Commandant of the Coast Guard shall select a Chief Acquisition Officer
under section 55 of title 14, United States Code.
SEC. 502. ACQUISITIONS.
(a) In General.--Part I of title 14, United States Code, is amended
by inserting after chapter 13 the following:
``CHAPTER 15. ACQUISITIONS
``Subchapter 1--General Provisions
``Sec.
``561. Acquisition directorate
``562. Senior acquisition leadership team
``563. Improvements in Coast Guard acquisition management
``564. Recognition of Coast Guard personnel for excellence in
acquisition
``565. Prohibition on use of lead systems integrators
``566. Required contract terms
``567. Department of Defense consultation
``568. Undefinitized contractual actions
``Subchapter 2--Improved Acquisition Process and Procedures
``Sec.
``571. Identification of major system acquisitions
``572. Acquisition
``573. Preliminary development and demonstration
``574. Acquisition, production, deployment, and support
``575. Acquisition program baseline breach
``Subchapter 3--Definitions
``Sec.
``581. Definitions
``Subchapter 1--General Provisions
``561. Acquisition directorate
``(a) Establishment.--The Commandant of the Coast Guard shall
establish an acquisition directorate to provide guidance and oversight
for the implementation and management of all Coast Guard acquisition
processes, programs, and projects.
``(b) Mission.--The mission of the acquisition directorate is--
``(1) to acquire and deliver assets and systems that
increase operational readiness, enhance mission performance,
and create a safe working environment; and
``(2) to assist in the development of a workforce that is
trained and qualified to further the Coast Guard's missions and
deliver the best value products and services to the Nation.
``562. Senior acquisition leadership team
``(a) Establishment.--The Commandant shall establish a senior
acquisition leadership team within the Coast Guard comprised of--
``(1) the Vice Commandant;
``(2) the Deputy and Assistant Commandants;
``(3) appropriate senior staff members of each Coast Guard
directorate;
``(4) appropriate senior staff members for each assigned
field activity or command; and
``(5) any other Coast Guard officer or employee designated
by the Commandant.
``(b) Function.--The senior acquisition leadership team shall--
``(1) meet at the call of the Commandant at such places and
such times as the Commandant may require;
``(2) provide advice and information on operational and
performance requirements of the Coast Guard;
``(3) identify gaps and vulnerabilities in the operational
readiness of the Coast Guard;
``(4) make recommendations to the Commandant and the Chief
Acquisition Officer to remedy the identified gaps and
vulnerabilities in the operational readiness of the Coast
Guard; and
``(5) contribute to the development of a professional,
experienced acquisition workforce by providing acquisition-
experience tours of duty and educational development for
officers and employees of the Coast Guard.
``563. Improvements in Coast Guard acquisition management
``(a) Project and Program Managers.--
``(1) Project or program manager defined.--In this section,
the term `project or program manager' means an individual
designated--
``(A) to develop, produce, and deploy a new asset
to meet identified operational requirements; and
``(B) to manage cost, schedule, and performance of
the acquisition or project or program.
``(2) Level 1 projects.-- An individual may not be assigned
as the project or program manager for a Level 1 acquisition
unless the individual holds a Level III acquisition
certification as a program manager.
``(3) Level 2 projects.--An individual may not be assigned
as the project or program manager for a Level 2 acquisition
unless the individual holds a Level II acquisition
certification as a program manager.
``(b) Guidance on Tenure and Accountability of Program and Project
Managers.--Not later than one year after the date of enactment of the
Coast Guard Authorization Act for Fiscal years 2010 and 2011, the
Commandant shall issue guidance to address the qualifications,
resources, responsibilities, tenure, and accountability of program and
project managers for the management of acquisition programs and
projects. The guidance shall address, at a minimum--
``(1) the qualifications required for project or program
managers, including the number of years of acquisition
experience and the professional training levels to be required
of those appointed to project or program management positions;
and
``(2) authorities available to project or program managers,
including, to the extent appropriate, the authority to object
to the addition of new program requirements that would be
inconsistent with the parameters established for an acquisition
program.
``(c) Acquisition Workforce.--
``(1) In general.--The Commandant shall designate a
sufficient number of positions to be in the Coast Guard's
acquisition workforce to perform acquisition-related functions
at Coast Guard headquarters and field activities.
``(2) Required positions.--The Commandant shall ensure that
members of the acquisition workforce have expertise, education,
and training in at least 1 of the following acquisition career
fields:
``(A) Acquisition logistics.
``(B) Auditing.
``(C) Business, cost estimating, and financial
management.
``(D) Contracting.
``(E) Facilities engineering.
``(F) Industrial or contract property management.
``(G) Information technology.
``(H) Manufacturing, production, and quality
assurance.
``(I) Program management.
``(J) Purchasing.
``(K) Science and technology.
``(L) Systems planning, research, development, and
engineering.
``(M) Test and evaluation.
``(3) Acquisition workforce expedited hiring authority.--
``(A) In general.--For purposes of sections 3304,
5333, and 5753 of title 5, the Commandant may--
``(i) designate any category of acquisition
positions within the Coast Guard as shortage
category positions; and
``(ii) use the authorities in such sections
to recruit and appoint highly qualified person
directly to positions so designated.
``(B) Limitation.--The Commandant may not appoint a
person to a position of employment under this paragraph
after September 30, 2012.
``(d) Management Information System.--
``(1) In general.--The Commandant shall establish a
management information system capability to improve acquisition
workforce management and reporting.
``(2) Information maintained.--Information maintained with
such capability shall include the following standardized
information on individuals assigned to positions in the
workforce:
``(A) Qualifications, assignment history, and
tenure of those individuals assigned to positions in
the acquisition workforce or holding acquisition-
related certifications.
``(B) Promotion rates for officers and members of
the Coast Guard in the acquisition workforce.
``(e) Career Paths.--To establish acquisition management as a core
competency of the Coast Guard, the Commandant shall--
``(1) ensure that career paths for officers, members, and
employees of the Coast Guard who wish to pursue careers in
acquisition are identified in terms of the education, training,
experience, and assignments necessary for career progression of
those officers, members, and employees to the most senior
positions in the acquisition workforce; and
``(2) publish information on such career paths.
``564. Recognition of Coast Guard personnel for excellence in
acquisition
``(a) In General.--Not later than 180 days after the date of
enactment of the Coast Guard Authorization Act for Fiscal Years 2010
and 2011, the Commandant shall commence implementation of a program to
recognize excellent performance by individuals and teams comprised of
officers, members, and employees of the Coast Guard that contributed to
the long-term success of a Coast Guard acquisition project or program.
``(b) Elements.--The program shall include--
``(1) specific award categories, criteria, and eligibility
and manners of recognition;
``(2) procedures for the nomination by personnel of the
Coast Guard of individuals and teams comprised of officers,
members, and employees of the Coast Guard for recognition under
the program; and
``(3) procedures for the evaluation of nominations for
recognition under the program by one or more panels of
individuals from the Government, academia, and the private
sector who have such expertise and are appointed in such manner
as the Commandant shall establish for the purposes of this
program.
``(c) Award of Cash Bonuses.--As part of the program required by
subsection (a), the Commandant, subject to the availability of
appropriations, may award to any civilian employee recognized pursuant
to the program a cash bonus to the extent that the performance of such
individual so recognized warrants the award of such bonus.
``565. Prohibition on use of lead systems integrators
``(a) In General.--
``(1) Use of lead systems integrator.--Except as provided
in subsection (b), the Commandant may not use a private sector
entity as a lead systems integrator for an acquisition contract
awarded or delivery order or task order issued after the date
of enactment of the Coast Guard Authorization Act for Fiscal
Years 2010 and 2011.
``(2) Full and open competition.--The Commandant and any
lead systems integrator engaged by the Coast Guard, pursuant to
the exceptions described in subsection (b), shall use full and
open competition for any acquisition contract awarded after the
date of enactment of that Act, unless otherwise excepted in
accordance with the Competition in Contracting Act of 1984 (41
U.S.C. 251 note), the amendments made by that Act, and the
Federal Acquisition Regulations.
``(3) No effect on small business act.--Nothing in this
subsection shall be construed to supersede or otherwise affect
the authorities provided by and under the Small Business Act
(15 U.S.C. 631 et seq.).
``(b) Exceptions.--
``(1) National distress and response system modernization
program; national security cutters 2 and 3.--Notwithstanding
subsection (a), the Commandant may use a private sector entity
as a lead systems integrator for the Coast Guard to complete
the National Distress and Response System Modernization
Program, the C4ISR projects directly related to the Integrated
Deepwater Program, and National Security Cutters 2 and 3 if the
Secretary of Homeland Security certifies that--
``(A) the acquisition is in accordance with the
Competition in Contracting Act of 1984 (41 U.S.C. 251
note), the amendments made by that Act, and the Federal
Acquisition Regulations; and
``(B) the acquisition and the use of a private
sector entity as a lead systems integrator for the
acquisition is in the best interest of the Federal
Government.
``(2) Termination date for exceptions.--Except for the
modification of delivery or task orders pursuant to Parts 4 and
42 of the Federal Acquisition Regulations, the Commandant may
not use a private sector entity as a lead systems integrator
after the earlier of--
``(A) September 30, 2012; or
``(B) the date on which the Commandant certifies in
writing to the appropriate congressional committees
that the Coast Guard has available and can retain
sufficient contracting personnel and expertise within
the Coast Guard, through an arrangement with other
Federal agencies, or through contracts or other
arrangements with private sector entities, to perform
the functions and responsibilities of the lead system
integrator in an efficient and cost-effective manner.
``566. Required contract terms
``(a) In General.--The Commandant shall ensure that a contract
awarded or a delivery order or task order issued for an acquisition of
a capability or an asset with an expected service life of 10 years and
with a total acquisition cost that is equal to or exceeds $10,000,000
awarded or issued by the Coast Guard after the date of enactment of the
Coast Guard Authorization Act for Fiscal Years 2010 and 2011--
``(1) provides that all certifications for an end-state
capability or asset under such contract, delivery order, or
task order, respectively, will be conducted by the Commandant
or an independent third party, and that self-certification by a
contractor or subcontractor is not allowed;
``(2) requires that the Commandant shall maintain the
authority to establish, approve, and maintain technical
requirements;
``(3) requires that any measurement of contractor and
subcontractor performance be based on the status of all work
performed, including the extent to which the work performed met
all performance, cost, and schedule requirements;
``(4) specifies that, for the acquisition or upgrade of
air, surface, or shore capabilities and assets for which
compliance with TEMPEST certification is a requirement, the
standard for determining such compliance will be the air,
surface, or shore standard then used by the Department of the
Navy for that type of capability or asset; and
``(5) for any contract awarded to acquire an Offshore
Patrol Cutter, includes provisions specifying the service life,
fatigue life, and days underway in general Atlantic and North
Pacific Sea conditions, maximum range, and maximum speed the
cutter will be built to achieve.
``(b) Prohibited Contract Provisions.--The Commandant shall ensure
that any contract awarded or delivery order or task order issued by the
Coast Guard after the date of enactment of the Coast Guard
Authorization Act for Fiscal Years 2010 and 2011 does not include any
provision allowing for equitable adjustment that is not consistent with
the Federal Acquisition Regulations.
``(c) Integrated Product Teams.--Integrated product teams, and all
teams that oversee integrated product teams, shall be chaired by
officers, members, or employees of the Coast Guard.
``(d) Deepwater Technical Authorities.--The Commandant shall
maintain or designate the technical authorities to establish, approve,
and maintain technical requirements. Any such designation shall be made
in writing and may not be delegated to the authority of the Chief
Acquisition Officer established by section 55 of this title.
``567. Department of Defense consultation
``(a) In General.--The Commandant shall make arrangements as
appropriate with the Secretary of Defense for support in contracting
and management of Coast Guard acquisition programs. The Commandant
shall also seek opportunities to make use of Department of Defense
contracts, and contracts of other appropriate agencies, to obtain the
best possible price for assets acquired for the Coast Guard.
``(b) Inter-service Technical Assistance.--The Commandant shall
seek to enter into a memorandum of understanding or a memorandum of
agreement with the Secretary of the Navy to obtain the assistance of
the Office of the Assistant Secretary of the Navy for Research,
Development, and Acquisition, including the Navy Systems Command, with
the oversight of Coast Guard major acquisition programs. The memorandum
of understanding or memorandum of agreement shall, at a minimum,
provide for--
``(1) the exchange of technical assistance and support that
the Assistant Commandants for Acquisition, Human Resources,
Engineering, and Information technology may identify;
``(2) the use, as appropriate, of Navy technical expertise;
and
``(3) the exchange of personnel between the Coast Guard and
the Office of the Assistant Secretary of the Navy for Research,
Development, and Acquisition, including Naval Systems Commands,
to facilitate the development of organic capabilities in the
Coast Guard.
``(c) Technical Requirement Approval Procedures.--The Chief
Acquisition Officer shall adopt, to the extent practicable, procedures
modeled after those used by the Navy Senior Acquisition Official to
approve all technical requirements.
``568. Undefinitized contractual actions
``(a) In General.--The Coast Guard may not enter into an
undefinitized contractual action unless such action is directly
approved by the Head of Contracting Activity of the Coast Guard.
``(b) Requests for Undefinitized Contractual Actions.--Any request
to the Head of Contracting Activity for approval of an undefinitized
contractual action shall include a description of the anticipated
effect on requirements of the Coast Guard if a delay is incurred for
the purposes of determining contractual terms, specifications, and
price before performance is begun under the contractual action.
``(c) Requirements for Undefinitized Contractual Actions.--
``(1) Deadline for agreement on terms, specifications, and
price.--A contracting officer of the Coast Guard may not enter
into an undefinitized contractual action unless the contractual
action provides for agreement upon contractual terms,
specification, and price by the earlier of--
``(A) the end of the 180-day period beginning on
the date on which the contractor submits a qualifying
proposal to definitize the contractual terms,
specifications, and price; or
``(B) the date on which the amount of funds
obligated under the contractual action is equal to more
than 50 percent of the negotiated overall ceiling price
for the contractual action.
``(2) Limitation on obligations.--
``(A) In general.--Except as provided in
subparagraph (B), the contracting officer for an
undefinitized contractual action may not obligate under
such contractual action an amount that exceeds 50
percent of the negotiated overall ceiling price until
the contractual terms, specifications, and price are
definitized for such contractual action.
``(B) Exception.--Notwithstanding subparagraph (A),
if a contractor submits a qualifying proposal to
definitize an undefinitized contractual action before
an amount that exceeds 50 percent of the negotiated
overall ceiling price is obligated on such action, the
contracting officer for such action may not obligate
with respect to such contractual action an amount that
exceeds 75 percent of the negotiated overall ceiling
price until the contractual terms, specifications, and
price are definitized for such contractual action.
``(3) Waiver.--The Commandant may waive the application of
this subsection with respect to a contract if the Commandant
determines that the waiver is necessary to support--
``(A) a contingency operation (as that term is
defined in section 101(a)(13) of title 10);
``(B) operations to prevent or respond to a
transportation security incident (as defined in section
70101(6) of title 46);
``(C) an operation in response to an emergency that
poses an unacceptable threat to human health or safety
or to the marine environment; or
``(D) an operation in response to a natural
disaster or major disaster or emergency designated by
the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
``(4) Limitation on application.--This subsection does not
apply to an undefinitized contractual action for the purchase
of initial spares.
``(d) Inclusion of Nonurgent Requirements.--Requirements for spare
parts and support equipment that are not needed on an urgent basis may
not be included in an undefinitized contractual action by the Coast
Guard for spare parts and support equipment that are needed on an
urgent basis unless the Commandant approves such inclusion as being--
``(1) good business practice; and
``(2) in the best interests of the United States.
``(e) Modification of Scope.--The scope of an undefinitized
contractual action under which performance has begun may not be
modified unless the Commandant approves such modification as being--
``(1) good business practice; and
``(2) in the best interests of the United States.
``(f) Allowable Profit.--The Commandant shall ensure that the
profit allowed on an undefinitized contractual action for which the
final price is negotiated after a substantial portion of the
performance required is completed reflects--
``(1) the possible reduced cost risk of the contractor with
respect to costs incurred during performance of the contract
before the final price is negotiated; and
``(2) the reduced cost risk of the contractor with respect
to costs incurred during performance of the remaining portion
of the contract.
``(g) Definitions.--In this section:
``(1) Undefinitized contractual action.--
``(A) In general.--Except as provided in
subparagraph (B), the term `undefinitized contractual
action' means a new procurement action entered into by
the Coast Guard for which the contractual terms,
specifications, or price are not agreed upon before
performance is begun under the action.
``(B) Exclusion.--The term `undefinitized
contractual action' does not include contractual
actions with respect to--
``(i) foreign military sales;
``(ii) purchases in an amount not in excess
of the amount of the simplified acquisition
threshold; or
``(iii) special access programs.
``(2) Qualifying proposal.--The term `qualifying proposal'
means a proposal that contains sufficient information to enable
complete and meaningful audits of the information contained in
the proposal as determined by the contracting officer.
``Subchapter 2--Improved Acquisition Process and Procedures
``571. Identification of major system acquisitions
``(a) In General.--
``(1) Support mechanisms.--The Commandant shall develop and
implement mechanisms to support the establishment of mature and
stable operational requirements for acquisitions under this
subchapter.
``(2) Mission analysis; affordability assessment.--The
Commandant may not initiate a Level 1 or Level 2 acquisition
project or program until the Commandant--
``(A) completes a mission analysis that--
``(i) identifies any gaps in capability;
and
``(ii) develops a clear mission need; and
``(B) prepares a preliminary affordability
assessment for the project or program.
``(b) Elements.--
``(1) Requirements.--The mechanisms required by subsection
(a) shall ensure the implementation of a formal process for the
development of a mission-needs statement, concept-of-operations
document, capability development plan, and resource proposal
for the initial project or program funding, and shall ensure
the project or program is included in the Coast Guard Capital
Investment Plan.
``(2) Assessment of trade-offs.--In conducting an
affordability assessment under subsection (a)(2)(B), the
Commandant shall develop and implement mechanisms to ensure
that trade-offs among cost, schedule, and performance are
considered in the establishment of preliminary operational
requirements for development and production of new assets and
capabilities for Level 1 and Level 2 acquisitions projects and
programs.
``(c) Human Resource Capital Planning.--The Commandant shall
develop staffing predictions, define human capital performance
initiatives, and identify preliminary training needs for any such
project or program.
``(d) DHS Acquisition Approval.--A Level 1 or Level 2 acquisition
project or program may not be implemented unless it is approved by the
Department of Homeland Security Acquisition Review Board or the Joint
Review Board.
``572. Acquisition
``(a) In General.--The Commandant may not establish a Level 1 or
Level 2 acquisition project or program approved under section 571(d)
until the Commandant--
``(1) clearly defines the operational requirements for the
project or program;
``(2) establishes the feasibility of alternatives;
``(3) develops an acquisition project or program baseline;
``(4) produces a life-cycle cost estimate; and
``(5) assesses the relative merits of alternatives to
determine a preferred solution in accordance with the
requirements of this section.
``(b) Analysis of Alternatives.--
``(1) In general.--The Commandant shall conduct an analysis
of alternatives for the asset or capability to be acquired in
an analyze and select phase of the acquisition process.
``(2) Requirements.--The analysis of alternatives shall be
conducted by a federally funded research and development
center, a qualified entity of the Department of Defense, or a
similar independent third party entity that has appropriate
acquisition expertise and has no substantial financial interest
in any part of the acquisition project or program that is the
subject of the analysis. At a minimum, the analysis of
alternatives shall include--
``(A) an assessment of the technical maturity, and
technical and other risks;
``(B) an examination of capability,
interoperability, and other disadvantages;
``(C) an evaluation of whether different
combinations or quantities of specific assets or
capabilities could meet the Coast Guard's overall
performance needs;
``(D) a discussion of key assumptions and
variables, and sensitivity to change in such
assumptions and variables;
``(E) when an alternative is an existing asset or
prototype, an evaluation of relevant safety and
performance records and costs;
``(F) a calculation of life-cycle costs including--
``(i) an examination of likely research and
development costs and the levels of uncertainty
associated with such estimated costs;
``(ii) an examination of likely production
and deployment costs and levels of uncertainty
associated with such estimated costs;
``(iii) an examination of likely operating
and support costs and the levels of uncertainty
associated with such estimated costs;
``(iv) if they are likely to be
significant, an examination of likely disposal
costs and the levels of uncertainty associated
with such estimated costs; and
``(v) such additional measures as the
Commandant or the Secretary of Homeland
Security determines to be necessary for
appropriate evaluation of the asset; and
``(G) the business case for each viable
alternative.
``(c) Test and Evaluation Master Plan.--
``(1) In general.--For any Level 1 or Level 2 acquisition
project or program the Chief Acquisition Officer shall approve
a test and evaluation master plan specific to the acquisition
project or program for the capability, asset, or subsystems of
the capability or asset and intended to minimize technical,
cost, and schedule risk as early as practicable in the
development of the project or program.
``(2) Test and evaluation strategy.--The master plan
shall--
``(A) set forth an integrated test and evaluation
strategy that will verify that capability-level or
asset-level and subsystem-level design and development,
including performance and supportability, have been
sufficiently proven before the capability, asset, or
subsystem of the capability or asset is approved for
production; and
``(B) require that adequate developmental tests and
evaluations and operational tests and evaluations
established under subparagraph (A) are performed to
inform production decisions.
``(3) Other components of the master plan.--At a minimum,
the master plan shall identify--
``(A) the key performance parameters to be resolved
through the integrated test and evaluation strategy;
``(B) critical operational issues to be assessed in
addition to the key performance parameters;
``(C) specific development test and evaluation
phases and the scope of each phase;
``(D) modeling and simulation activities to be
performed, if any, and the scope of such activities;
``(E) early operational assessments to be
performed, if any, and the scope of such assessments;
``(F) operational test and evaluation phases;
``(G) an estimate of the resources, including
funds, that will be required for all test, evaluation,
assessment, modeling, and simulation activities; and
``(H) the Government entity or independent entity
that will perform the test, evaluation, assessment,
modeling, and simulation activities.
``(4) Update.--The Chief Acquisition Officer shall approve
an updated master plan whenever there is a revision to project
or program test and evaluation strategy, scope, or phasing.
``(5) Limitation.--The Coast Guard may not--
``(A) proceed beyond that phase of the acquisition
process that entails approving the supporting
acquisition of a capability or asset before the master
plan is approved by the Chief Acquisition Officer; or
``(B) award any production contract for a
capability, asset, or subsystem for which a master plan
is required under this subsection before the master
plan is approved by the Chief Acquisition Officer.
``(d) Life-cycle cost estimates.--
``(1) In general.--The Commandant shall implement
mechanisms to ensure the development and regular updating of
life-cycle cost estimates for each Level 1 or Level 2
acquisition to ensure that these estimates are considered in
decisions to develop or produce new or enhanced capabilities
and assets.
``(2) Types of estimates.--In addition to life-cycle cost
estimates that may be developed by acquisition program offices,
the Commandant shall require that an independent life-cycle
cost estimate be developed for each Level 1 or Level 2
acquisition project or program.
``(3) Required updates.--For each Level 1 or Level 2
acquisition project or program the Commandant shall require
that life-cycle cost estimates shall be updated before each
milestone decision is concluded and the project or program
enters a new acquisition phase.
``(e) DHS Acquisition Approval.--A project or program may not enter
the obtain phase under section 573 unless the Department of Homeland
Security Acquisition Review Board or the Joint Review Board (or other
entity to which such responsibility is delegated by the Secretary of
Homeland Security) has approved the analysis of alternatives for the
project. The Joint Review Board may also approve the low rates initial
production quantity for the project or program if such an initial
production quantity is planned by the acquisition project or program
and deemed appropriate by the Joint Review Board.
``573. Preliminary development and demonstration
``(a) In General.--The Commandant shall ensure that developmental
test and evaluation, operational test and evaluation, life cycle cost
estimates, and the development and demonstration requirements are met
to confirm that the projects or programs meet the requirements
described in the mission-needs statement and the operational-
requirements document and the following development and demonstration
objectives:
``(1) To demonstrate that the most promising design,
manufacturing, and production solution is based upon a stable,
producible, and cost-effective product design.
``(2) To ensure that the product capabilities meet contract
specifications, acceptable operational performance
requirements, and system security requirements.
``(3) To ensure that the product design is mature enough to
commit to full production and deployment.
``(b) Tests and Evaluations.--
``(1) In general.--The Commandant shall ensure that the
Coast Guard conducts developmental tests and evaluations and
operational tests and evaluations of a capability or asset and
the subsystems of the capability or asset for which a master
plan has been prepared under section 572(c)(1).
``(2) Use of third parties.--The Commandant shall ensure
that the Coast Guard uses independent third parties with
expertise in testing and evaluating the capabilities or assets
and the subsystems of the capabilities or assets being acquired
to conduct developmental tests and evaluations and operational
tests and evaluations whenever the Coast Guard lacks the
capability to conduct the tests and evaluations required by a
master plan.
``(3) Communication of safety concerns.--The Commandant
shall require that safety concerns identified during
developmental or operational tests and evaluations or through
independent or Government-conducted design assessments of
capabilities or assets and subsystems of capabilities or assets
to be acquired by the Coast Guard shall be communicated as soon
as practicable, but not later than 30 days after the completion
of the test or assessment event or activity that identified the
safety concern, to the program manager for the capability or
asset and the subsystems concerned and to the Chief Acquisition
Officer.
``(4) Asset already in low, initial, or full-rate
production.--If operational test and evaluation on a capability
or asset already in low, initial, or full-rate production
identifies a safety concern with the capability or asset or any
subsystems of the capability or asset not previously identified
during developmental or operational test and evaluation, the
Commandant shall--
``(A) notify the program manager and the Chief
Acquisition Officer of the safety concern as soon as
practicable, but not later than 30 days after the
completion of the test and evaluation event or activity
that identified the safety concern; and
``(B) notify the Chief Acquisition Officer and
include in such notification--
``(i) an explanation of the actions that
will be taken to correct or mitigate the safety
concern in all capabilities or assets and
subsystems of the capabilities or assets yet to
be produced, and the date by which those
actions will be taken;
``(ii) an explanation of the actions that
will be taken to correct or mitigate the safety
concern in previously produced capabilities or
assets and subsystems of the capabilities or
assets, and the date by which those actions
will be taken; and
``(iii) an assessment of the adequacy of
current funding to correct or mitigate the
safety concern in capabilities or assets and
subsystems of the capabilities or assets and in
previously produced capabilities or assets and
subsystems.
``(c) Technical Certification.--
``(1) In general.--The Commandant shall ensure that any
Level 1 or Level 2 acquisition project or program is certified
by the technical authority of the Coast Guard after review by
an independent third party with capabilities in the mission
area, asset, or particular asset component.
``(2) TEMPEST testing.--The Commandant shall--
``(A) cause all electronics on all aircraft,
surface, and shore assets that require TEMPEST
certification and that are delivered after the date of
enactment of the Coast Guard Authorization Act for
Fiscal Years 2010 and 2011 to be tested in accordance
with master plan standards and communications security
standards by an independent third party that is
authorized by the Federal Government to perform such
testing; and
``(B) certify that the assets meet all applicable
TEMPEST requirements.
``(3) Vessel classification.--The Commandant shall cause
each cutter, other than the National Security Cutter, acquired
by the Coast Guard and delivered after the date of enactment of
the Coast Guard Authorization Act for Fiscal Years 2010 and
2011 is to be classed by the American Bureau of Shipping before
final acceptance.
``(d) Acquisition Decision.--The Commandant may not proceed to full
scale production, deployment, and support of a Level 1 or Level 2
acquisition project or program unless the Department of Homeland
Security Acquisition Review Board has verified that the delivered asset
or system meets the project or program performance and cost goals.
``574. Acquisition, production, deployment, and support
``(a) In General.--The Commandant shall--
``(1) ensure there is a stable and efficient production and
support capability to develop an asset or system;
``(2) conduct follow on testing to confirm and monitor
performance and correct deficiencies; and
``(3) conduct acceptance tests and trails upon the delivery
of each asset or system to ensure the delivered asset or system
achieves full operational capability.
``(b) Elements.--The Commandant shall--
``(1) execute the productions contracts;
``(2) ensure the delivered products meet operational cost
and schedules requirements established in the acquisition
program baseline;
``(3) validate manpower and training requirements to meet
system needs to operate, maintain, support, and instruct the
system; and
``(4) prepare a project or program transition plan to enter
into programmatic sustainment, operations, and support.
``575. Acquisition program baseline breach
``(a) In General.--The Commandant shall submit a report to the
appropriate congressional committees as soon as possible, but not later
than 30 days, after the Chief Acquisition Officer of the Coast Guard
becomes aware of the breach of an acquisition program baseline for any
Level 1 or Level 2 acquisition program, by--
``(1) a likely cost overrun greater than 15 percent of the
acquisition program baseline for that individual capability or
asset or a class of capabilities or assets;
``(2) a likely delay of more than 180 days in the delivery
schedule for any individual capability or asset or class of
capabilities or assets; or
``(3) an anticipated failure for any individual capability
or asset or class of capabilities or assets to satisfy any key
performance threshold or parameter under the acquisition
program baseline.
``(b) Content.--The report submitted under subsection (a) shall
include--
``(1) a detailed description of the breach and an
explanation of its cause;
``(2) the projected impact to performance, cost, and
schedule;
``(3) an updated acquisition program baseline and the
complete history of changes to the original acquisition program
baseline;
``(4) the updated acquisition schedule and the complete
history of changes to the original schedule;
``(5) a full life-cycle cost analysis for the capability or
asset or class of capabilities or assets;
``(6) a remediation plan identifying corrective actions and
any resulting issues or risks; and
``(7) a description of how progress in the remediation plan
will be measured and monitored.
``(c) Substantial Variances in Costs or Schedule.--If a likely cost
overrun is greater than 25 percent or a likely delay is greater than 12
months from the costs and schedule described in the acquisition program
baseline for any Level 1 or Level 2 acquisition project or program of
the Coast Guard, the Commandant shall include in the report a written
certification, with a supporting explanation, that--
``(1) the capability or asset or capability or asset class
to be acquired under the project or program is essential to the
accomplishment of Coast Guard missions;
``(2) there are no alternatives to such capability or asset
or capability or asset class which will provide equal or
greater capability in both a more cost-effective and timely
manner;
``(3) the new acquisition schedule and estimates for total
acquisition cost are reasonable; and
``(4) the management structure for the acquisition program
is adequate to manage and control performance, cost, and
schedule.
``Subchapter 3--Definitions
``581. Definitions
``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the House of
Representatives Committee on Transportation and Infrastructure
and the Senate Committee on Commerce, Science, and
Transportation.
``(2) Chief acquisition officer.--The term `Chief
Acquisition Officer' means the officer appointed under section
55 of this title.
``(3) Commandant.--The term `Commandant' means the
Commandant of the Coast Guard.
``(4) Joint review board.--The term `Joint Review Board'
means the Department of Homeland Security's Investment Review
Board, Joint Requirements Council, or other entity within the
Department designated by the Secretary as the Joint Review
Board for purposes of this chapter.
``(5) Level 1 acquisition.--The term `Level 1 acquisition'
means--
``(A) an acquisition by the Coast Guard--
``(i) the estimated life-cycle costs of
which exceed $1,000,000,000; or
``(ii) the estimated total acquisition
costs of which exceed $300,000,000; or
``(B) any acquisition that the Chief Acquisition
Officer of the Coast Guard determines to have a special
interest--
``(i) due to--
``(I) the experimental or
technically immature nature of the
asset;
``(II) the technological complexity
of the asset;
``(III) the commitment of
resources; or
``(IV) the nature of the capability
or set of capabilities to be achieved;
or
``(ii) because such acquisition is a joint
acquisition.
``(6) Level 2 acquisition.--The term `Level 2 acquisition'
means an acquisition by the Coast Guard--
``(A) the estimated life-cycle costs of which are
equal to or less than $1,000,000,000, but greater than
$300,000,000; or
``(B) the estimated total acquisition costs of
which are equal to or less than $300,000,0000, but
greater than $100,000,000.
``(7) Life-cycle cost.--The term `life-cycle cost' means
all costs for development, procurement, construction, and
operations and support for a particular capability or asset,
without regard to funding source or management control.
``(8) Safety concern.--The term `safety concern' means any
hazard associated with a capability or asset or a subsystem of
a capability or asset that is likely to cause serious bodily
injury or death to a typical Coast Guard user in testing,
maintaining, repairing, or operating the capability, asset, or
subsystem or any hazard associated with the capability, asset,
or subsystem that is likely to cause major damage to the
capability, asset, or subsystem during the course of its normal
operation by a typical Coast Guard user.''.
(b) Conforming Amendment.--The part analysis for part I of title
14, United States Code, is amended by inserting after the item relating
to chapter 13 the following:
``15. Acquisitions..........................................561''.
SEC. 503. REPORT AND GUIDANCE ON EXCESS PASS-THROUGH CHARGES.
(a) Comptroller General Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall issue a
report on pass-through charges on contracts, subcontracts,
delivery orders, and task orders that were executed by a lead
systems integrator under contract to the Coast Guard during the
3 full calendar years preceding the date of enactment of this
Act.
(2) Matters covered.--The report under this subsection--
(A) shall assess the extent to which the Coast
Guard paid excessive pass-through charges to
contractors or subcontractors that provided little or
no value to the performance of a contract or the
production of a procured asset; and
(B) shall assess the extent to which the Coast
Guard has been particularly vulnerable to excessive
pass-through charges on any specific category of
contracts or by any specific category of contractors.
(b) Guidance Required.--
(1) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall prescribe guidance
to ensure that pass-through charges on contracts, subcontracts,
delivery orders, and task orders that are executed with a
private entity acting as a lead systems integrator by or on
behalf of the Coast Guard are not excessive in relation to the
cost of work performed by the relevant contractor or
subcontractor. The guidance shall, at a minimum--
(A) set forth clear standards for determining when
no, or negligible, value has been added to a contract
by a contractor or subcontractor;
(B) set forth procedures for preventing the payment
by the Government of excessive pass-through charges;
and
(C) identify any exceptions determined by the
Commandant to be in the best interest of the
Government.
(2) Scope of guidance.--The guidance prescribed under this
subsection--
(A) shall not apply to any firm, fixed-price
contract or subcontract, delivery order, or task order
that is--
(i) awarded on the basis of adequate price
competition, as determined by the Commandant;
or
(ii) for the acquisition of a commercial
item, as defined in section 4(12) of the Office
of Federal Procurement Policy Act (41 U.S.C.
403(12)); and
(B) may include such additional exceptions as the
Commandant determines to be necessary in the interest
of the United States.
(c) Excessive Pass-Through Charge Defined.--In this section the
term ``excessive pass-through charge'', with respect to a contractor or
subcontractor that adds no, or negligible, value to a contract or
subcontract, means a charge to the Government by the contractor or
subcontractor that is for overhead or profit on work performed by a
lower-tier contractor or subcontractor, other than reasonable charges
for the direct costs of managing lower-tier contractors and
subcontracts and overhead and profit based on such direct costs.
(d) Application of Guidance.--The guidance prescribed under this
section shall apply to contracts awarded to a private entity acting as
a lead systems integrator by or on behalf of the Coast Guard on or
after the date that is 360 days after the date of enactment of this
Act.
TITLE VI--SHIPPING AND NAVIGATION
SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED
STATES CODE.
(a) In General.--Chapter 313 of title 46, United States Code, is
amended--
(1) by striking ``of Transportation'' in sections 31302,
31306, 31321, 31330, and 31343 each place it appears;
(2) by striking ``and'' after the semicolon in section
31301(5)(F);
(3) by striking ``office.'' in section 31301(6) and
inserting ``office; and''; and
(4) by adding at the end of section 31301 the following:
``(7) `Secretary' means the Secretary of the Department of
Homeland Security, unless otherwise noted.''.
(b) Secretary as Mortgagee.--Section 31308 of such title is amended
by striking ``When the Secretary of Commerce or Transportation is a
mortgagee under this chapter, the Secretary'' and inserting ``The
Secretary of Commerce or Transportation, as a mortgagee under this
chapter,''.
(c) Secretary of Transportation.--Section 31329(d) of such title is
amended by striking ``Secretary.'' and inserting ``Secretary of
Transportation.''.
(d) Mortgagee.--
(1) Section 31330(a)(1) of such title, as amended by
subsection (a)(1) of this section, is amended--
(A) by inserting ``or'' after the semicolon in
subparagraph (B);
(B) by striking ``Secretary; or'' in subparagraph
(C) and inserting ``Secretary.''; and
(C) by striking subparagraph (D).
(2) Section 31330(a)(2) is amended--
(A) by inserting ``or'' after the semicolon in
subparagraph (B);
(B) by striking ``faith; or'' in subparagraph (C)
and inserting ``faith.''; and
(C) by striking subparagraph (D).
SEC. 602. CLARIFICATION OF RULEMAKING AUTHORITY.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 70122. Regulations
``Unless otherwise provided, the Secretary may issue regulations
necessary to implement this chapter.''.
(b) Clerical Amendment.--The table of contents for chapter 701 of
such title is amended by adding at the end the following new item:
``70122. Regulations''.
SEC. 603. ICEBREAKERS.
(a) Analyses.--Not later than 90 days after the date of enactment
of this Act or the date of completion of the ongoing High Latitude
Study to assess polar ice-breaking mission requirements, whichever
occurs later, the Commandant of the Coast Guard shall require a
nongovernmental, independent third party (other than the National
Academy of Sciences) which has extensive experience in the analysis of
military procurements to--
(1) conduct a comparative cost-benefit analysis, taking
into account future Coast Guard budget projections (which
assume Coast Guard budget growth of no more than inflation) and
other recapitalization needs, of--
(A) rebuilding, renovating, or improving the
existing fleet of polar icebreakers for operation by
the Coast Guard,
(B) constructing new polar icebreakers for
operation by the Coast Guard,
(C) construction of new polar icebreakers by the
National Science Foundation for operation by the
Foundation,
(D) rebuilding, renovating, or improving the
existing fleet of polar icebreakers by the National
Science Foundation for operation by the Foundation, and
(E) any combination of the activities described in
subparagraph (A), (B), (C), or (D) to carry out the
missions of the Coast Guard and the National Science
Foundation;
(2) conduct an analysis of the impact on mission capacity
and the ability of the United States to maintain a presence in
the polar regions through the year 2020 if recapitalization of
the polar icebreaker fleet, either by constructing new polar
icebreakers or rebuilding, renovating, or improving the
existing fleet of polar icebreakers, is not fully funded; and
(3) conduct a comprehensive analysis of the impact on all
Coast Guard activities, including operations, maintenance,
procurements, and end strength, of the acquisition of polar
icebreakers described in paragraph (1) by the Coast Guard or
the National Science Foundation assuming that total Coast Guard
funding will not increase more than the annual rate of
inflation.
(b) Reports to Congress.--
(1) Not later than one year and 90 days after the date of
enactment of this Act or the date of completion of the ongoing
High Latitude Study to assess polar ice-breaking mission
requirements, whichever occurs later, the Commandant of the
Coast Guard shall submit a report containing the results of the
study, together with recommendations the Commandant deems
appropriate under section 93(a)(24) of title 14, United States
Code, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(2) Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit reports containing the
results of the analyses required under paragraphs (1) and (2)
of subsection (a), together with recommendations the Commandant
deems appropriate under section 93(a)(24) of title 14, United
States Code, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
SEC. 604. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
Section 705 of the Security and Accountability for Every Port Act
of 2006 (Public Law 109-347; 120 Stat. 1945) is amended to read as
follows:
``SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
``(a) In General.--Notwithstanding section 12111(d) of title 46,
United States Code, a foreign-flag vessel may be chartered by, or on
behalf of, a lessee to be employed for the setting, relocation, or
recovery of anchors or other mooring equipment of a mobile offshore
drilling unit that is located over the Outer Continental Shelf (as
defined in section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a)) for operations in support of exploration, or flow-
testing and stimulation of wells, for offshore mineral or energy
resources in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
``(1) until December 31, 2012, if the Secretary of
Transportation determines, after publishing notice in the
Federal Register, that insufficient vessels documented under
section 12111(d) of title 46, United States Code, are
reasonably available and suitable for these support operations
and all such reasonably available and suitable vessels are
employed in support of such operations; and
``(2) for an additional 2-year period beginning January 1,
2013, if the Secretary of Transportation determines--
``(A) that, as of December 31, 2012, the lessee has
entered into a binding agreement to employ a suitable
vessel or vessels to be documented under such section
12111(d) in sufficient numbers and with sufficient
suitability to replace any foreign-flag vessel or
vessels operating under this section; and
``(B) after publishing notice in the Federal
Register, that insufficient vessels documented under
such section 12111(d) are reasonably available and
suitable for these support operations and all such
reasonably available and suitable vessels are employed
in support of such operations.
``(b) Lessee Defined.--In this section, the term `lessee' means the
holder of a lease (defined in section 2(c) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331(c)), who has entered into a binding
agreement to employ a suitable vessel documented or to be documented
under section 12111(d) of title 46, United States Code.
``(c) Rule of Construction.--Nothing in subsection (a) shall be
construed to authorize employment in the coastwise trade of a vessel
that does not meet the requirements set forth in section 12112 of title
46, United States Code.''.
TITLE VII--VESSEL CONVEYANCE
SEC. 701. SHORT TITLE.
This title may be cited as the ``Vessel Conveyance Act''.
SEC. 702. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) In General.--Whenever the transfer of ownership of a Coast
Guard vessel to an eligible entity for use for educational, cultural,
historical, charitable, recreational, or other public purposes is
authorized by law, the Coast Guard shall transfer the vessel to the
General Services Administration for conveyance to the eligible entity.
(b) Conditions of Conveyance.--The General Services Administration
may not convey a vessel to an eligible entity as authorized by law
unless the eligible entity agrees--
(1) to provide the documentation needed by the General
Services Administration to process a request for aircraft or
vessels under section 102.37.225 of title 41, Code of Federal
Regulations;
(2) to comply with the special terms, conditions, and
restrictions imposed on aircraft and vessels under section 102-
37.460 of such title;
(3) to make the vessel available to the United States
Government if it is needed for use by the Commandant of the
Coast Guard in time of war or a national emergency; and
(4) to hold the United States Government harmless for any
claims arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising from use of the vessel by the
United States Government under paragraph (3).
(c) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a State or local government, nonprofit corporation,
educational agency, community development organization, or other entity
that agrees to comply with the conditions established under this
section.
TITLE VIII--OIL POLLUTION PREVENTION
SEC. 801. RULEMAKINGS.
(a) Status Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide a report to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure on the status of all Coast Guard rulemakings
required (but for which no final rule has been issued as of the
date of enactment of this Act) under section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321).
(2) Information required.--The Secretary shall include in
the report required in paragraph (1)--
(A) a detailed explanation with respect to each
such rulemaking as to--
(i) what steps have been completed;
(ii) what areas remain to be addressed; and
(iii) the cause of any delays; and
(B) the date by which a final rule may reasonably
be expected to be issued.
(b) Final Rules.--The Secretary shall issue a final rule in each
pending rulemaking described in subsection (a) as soon as practicable,
but in no event later than 18 months after the date of enactment of
this Act.
(c) Towing vessels.--No later than 1 year after the date of
enactment of this Act, the Secretary shall issue a notice of proposed
rulemaking regarding inspection requirements for towing vessels
required under section 3306(j) of title 46, United States Code. The
Secretary shall issue a final rule pursuant to that rulemaking no later
than 2 years after the date of enactment of this Act.
SEC. 802. OIL TRANSFERS FROM VESSELS.
(a) Regulations.--Within 1 year after the date of enactment of this
Act, the Secretary shall promulgate regulations to reduce the risks of
oil spills in operations involving the transfer of oil from or to a
tank vessel. The regulations--
(1) shall focus on operations that have the highest risks
of discharge, including operations at night and in inclement
weather;
(2) shall consider--
(A) requirements for the use of equipment, such as
putting booms in place for transfers, safety, and
environmental impacts;
(B) operational procedures such as manning
standards, communications protocols, and restrictions
on operations in high-risk areas; or
(C) both such requirements and operational
procedures; and
(3) shall take into account the safety of personnel and
effectiveness of available procedures and equipment for
preventing or mitigating transfer spills.
(b) Application with State Laws.--The regulations promulgated under
subsection (a) do not preclude the enforcement of any State law or
regulation the requirements of which are at least as stringent as
requirements under the regulations (as determined by the Secretary)
that--
(1) applies in State waters;
(2) does not conflict with, or interfere with the
enforcement of, requirements and operational procedures under
the regulations; and
(3) has been enacted or promulgated before the date of
enactment of this Act.
SEC. 803. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS INCIDENTS.
(a) Report.--Within 1 year after the date of enactment of this Act,
the Secretary shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House Committee on
Transportation and Infrastructure that, using available data--
(1) identifies the types of human errors that, combined,
account for over 50 percent of all oil spills involving vessels
that have been caused by human error in the past 10 years;
(2) identifies the most frequent types of near-miss oil
spill incidents involving vessels such as collisions,
allisions, groundings, and loss of propulsion in the past 10
years;
(3) describes the extent to which there are gaps in the
data with respect to the information required under paragraphs
(1) and (2) and explains the reason for those gaps; and
(4) includes recommendations by the Secretary to address
the identified types of errors and incidents to address any
such gaps in the data.
(b) Measures.--Based on the findings contained in the report
required by subsection (a), the Secretary shall take appropriate
action, both domestically and at the International Maritime
Organization, to reduce the risk of oil spills caused by human error.
(c) Confidentiality of Voluntarily Submitted Information.--The
identity of a person making a voluntary disclosure under this section,
and any information obtained from any such voluntary disclosure, shall
be treated as confidential.
(d) Discovery of Voluntarily Submitted Information.--
(1) In general.--Except as provided in this subsection, a
party in a judicial proceeding may not use discovery to obtain
information or data collected or received by the Secretary for
use in the report required in subsection (a).
(2) Exception.--
(A) Notwithstanding paragraph (1), a court may
allow discovery by a party in a judicial proceeding of
information or data described in paragraph (1) if,
after an in camera review of the information or data,
the court decides that there is a compelling reason to
allow the discovery.
(B) When a court allows discovery in a judicial
proceeding as permitted under this paragraph, the court
shall issue a protective order--
(i) to limit the use of the information or
data to the judicial proceeding; and
(ii) to prohibit dissemination of the
information or data to any person who does not
need access to the information or data for the
proceeding.
(C) A court may allow information or data it has
decided is discoverable under this paragraph to be
admitted into evidence in a judicial proceeding only if
the court places the information or data under seal to
prevent the use of the information or data for a
purpose other than for the proceeding.
(3) Application.--Paragraph (1) shall not apply to--
(A) any disclosure made with actual knowledge that
the disclosure was false, inaccurate, or misleading; or
(B) any disclosure made with reckless disregard as
to the truth or falsity of that disclosure.
SEC. 804. OLYMPIC COAST NATIONAL MARINE SANCTUARY.
(a) Olympic Coast National Marine Sanctuary Area To Be Avoided.--
The Secretary of the Department in which the Coast Guard is operating
and the Under Secretary of Commerce for Oceans and Atmosphere shall
revise the area to be avoided off the coast of the State of Washington
so that restrictions apply to all vessels required to prepare a
response plan pursuant to section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)) (other than fishing or research vessels
while engaged in fishing or research within the area to be avoided).
SEC. 805. PREVENTION OF SMALL OIL SPILLS.
The Under Secretary of Commerce for Oceans and Atmosphere, in
consultation with the Secretary of the Department in which the Coast
Guard is operating and other appropriate agencies, shall establish an
oil spill prevention and education program for small vessels. The
program shall provide for assessment, outreach, and training and
voluntary compliance activities to prevent and improve the effective
response to oil spills from vessels and facilities not required to
prepare a vessel response plan under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), including recreational vessels,
commercial fishing vessels, marinas, and aquaculture facilities. The
Under Secretary may provide grants to sea grant colleges and institutes
designated under section 207 of the National Sea Grant College Program
Act (33 U.S.C. 1126) and to State agencies, tribal governments, and
other appropriate entities to carry out--
(1) regional assessments to quantify the source, incidence
and volume of small oil spills, focusing initially on regions
in the country where, in the past 10 years, the incidence of
such spills is estimated to be the highest;
(2) voluntary, incentive-based clean marina programs that
encourage marina operators, recreational boaters, and small
commercial vessel operators to engage in environmentally sound
operating and maintenance procedures and best management
practices to prevent or reduce pollution from oil spills and
other sources;
(3) cooperative oil spill prevention education programs
that promote public understanding of the impacts of spilled oil
and provide useful information and techniques to minimize
pollution, including methods to remove oil and reduce oil
contamination of bilge water, prevent accidental spills during
maintenance and refueling and properly cleanup and dispose of
oil and hazardous substances; and
(4) support for programs, including outreach and education
to address derelict vessels and the threat of such vessels
sinking and discharging oil and other hazardous substances,
including outreach and education to involve efforts to the
owners of such vessels.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Commerce for Oceans and
Atmosphere to carry out this section, $10,000,000 for each of fiscal
years 2010 through 2014.
SEC. 806. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.
(a) In General.--Within 6 months after the date of enactment of
this Act, the Secretary of the Department in which the Coast Guard is
operating shall complete the development of a tribal consultation
policy, which recognizes and protects to the maximum extent practicable
tribal treaty rights and trust assets in order to improve the Coast
Guard's consultation and coordination with the tribal governments of
federally recognized Indian tribes with respect to oil spill
prevention, preparedness, response and natural resource damage
assessment.
(b) Inclusion of Tribal Government.--The Secretary of the
Department in which the Coast Guard is operating shall ensure that, as
soon as practicable after identifying an oil spill that is likely to
have a significant impact on natural or cultural resources owned or
directly utilized by a federally recognized Indian tribe, the Coast
Guard will--
(1) ensure that representatives of the tribal government of
the affected tribes are included as part of the incident
command system established by the Coast Guard to respond to the
spill;
(2) share information about the oil spill with the tribal
government of the affected tribe; and
(3) to the extent practicable, involve tribal governments
in deciding how to respond to the spill.
(c) Cooperative Arrangements.--The Coast Guard may enter into
memoranda of agreement and associated protocols with Indian tribal
governments in order to establish cooperative arrangements for oil
pollution prevention, preparedness, and response. Such memoranda may be
entered into prior to the development of the tribal consultation and
coordination policy to provide Indian tribes grant and contract
assistance. Such memoranda of agreement and associated protocols with
Indian tribal governments may include--
(1) arrangements for the assistance of the tribal
government to participate in the development of the National
Contingency Plan and local Area Contingency Plans to the extent
they affect tribal lands, cultural and natural resources;
(2) arrangements for the assistance of the tribal
government to develop the capacity to implement the National
Contingency Plan and local Area Contingency Plans to the extent
they affect tribal lands, cultural and natural resources;
(3) provisions on coordination in the event of a spill,
including agreements that representatives of the tribal
government will be included as part of the regional response
team co-chaired by the Coast Guard and the Environmental
Protection Agency to establish policies for responding to oil
spills;
(4) arrangements for the Coast Guard to provide training of
tribal incident commanders and spill responders for oil spill
preparedness and response;
(5) demonstration projects to assist tribal governments in
building the capacity to protect tribal treaty rights and trust
assets from oil spills; and
(6) such additional measures the Coast Guard determines to
be necessary for oil pollution prevention, preparedness, and
response.
(d) Funding for Tribal Participation.--Subject to the availability
of appropriations, the Commandant of the Coast Guard shall provide
assistance to participating tribal governments in order to facilitate
the implementation of cooperative arrangements under subsection (c) and
ensure the participation of tribal governments in such arrangements.
There are authorized to be appropriated to the Commandant $500,000 for
each of fiscal years 2010 through 2014 to be used to carry out this
section.
SEC. 807. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS OF
OIL.
Within 1 year after the date of enactment of this Act, the
Secretary of the Department in which the Coast Guard is operating shall
submit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce on the availability, feasibility, and potential cost of
technology to detect the loss of oil carried as cargo or as fuel on
tank and non-tank vessels greater than 400 gross tons.
SEC. 808. USE OF OIL SPILL LIABILITY TRUST FUND.
(a) In General.--Section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) not more than $15,000,000 in each fiscal year
shall be available to the Under Secretary of Commerce
for Oceans and Atmosphere for expenses incurred by, and
activities related to, response and damage assessment
capabilities of the National Oceanic and Atmospheric
Administration;''.
(b) Audits; Annual Reports.--Section 1012 of the Oil Pollution Act
of 1990 (33 U.S.C. 2712) is amended--
(1) by striking subsection (g) and inserting the following:
``(g) Audits.--
```(1) In general.--The Comptroller General of the United
States shall conduct an audit, including a detailed accounting
of each disbursement from the Fund in excess of $500,000 that
is--
``(A) disbursed by the National Pollution Fund
Center; and
``(B) administered and managed by the receiving
Federal agencies, including final payments made to
agencies and contractors and, to the extent possible,
subcontractors.
``(2) Frequency.--The audits shall be conducted--
``(A) at least once every 3 years after the date of
enactment of the Coast Guard Authorization Act for
Fiscal Years 2010 and 2011 until 2016; and
``(B) at least once every 5 years after the last
audit conducted under subparagraph (A).
``(3) Submission of results.--The Comptroller shall submit
the results of each audit conducted under paragraph (1) to--
``(A) the Senate Committee on Commerce, Science,
and Transportation;
``(B) the House of Representatives Committee on
Transportation and Infrastructure; and
``(C) the Secretary or Administrator of each agency
referred to in paragraph (1)(B).''; and
(2) by adding at the end thereof the following:
``(h) Reports.--
``(1) In general.--Within one year after the date of
enactment of the Coast Guard Authorization Act for Fiscal Years
2010 and 2011, and annually thereafter, the President, through
the Secretary of the Department in which the Coast Guard is
operating, shall--
``(A) provide a report on disbursements for the
preceding fiscal year from the Fund, regardless of
whether those disbursements were subject to annual
appropriations, to--
``(i) the Senate Committee on Commerce,
Science, and Transportation; and
``(ii) the House of Representatives
Committee on Transportation and Infrastructure:
and
``(B) make the report available to the public on
the National Pollution Funds Center Internet website.
``(2) Contents.--The report shall include--
``(A) a list of each disbursement of $250,000 or
more from the Fund during the preceding fiscal year;
and
``(B) a description of how each such use of the
Fund meets the requirements of subsection (a).
``(3) Agency recordkeeping.--Each Federal agency that
receives amounts from the Fund shall maintain records
describing the purposes for which such funds were obligated or
expended in such detail as the Secretary may require for
purposes of the report required under paragraph (1).
``(i) Authorizations.--There are authorized to be appropriated such
sums as may be necessary to carry out subsections (g) and (h).''.
SEC. 809. INTERNATIONAL EFFORTS ON ENFORCEMENT.
The Secretary, in consultation with the heads of other appropriate
Federal agencies, shall ensure that the Coast Guard pursues stronger
enforcement in the International Maritime Organization of agreements
related to oil discharges, including joint enforcement operations,
training, and stronger compliance mechanisms.
SEC. 810. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.
(a) In General.--Within 1 year after the date of enactment of this
Act, the Commandant shall initiate a rulemaking proceeding to modify
the definition of the term ``higher volume port area'' in section
155.1020 of the Coast Guard regulations (33 C.F.R. 155.1020) by
striking ``Port Angeles, WA'' in paragraph (13) of that section and
inserting ``Cape Flattery, WA''.
(b) Emergency Response Plan Reviews.--Within 5 years after the date
of enactment of this Act, the Coast Guard shall complete its review of
any changes to emergency response plans under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) resulting from the
modification of the higher volume port area definition required by
subsection (a).
SEC. 811. TUG ESCORTS FOR LADEN OIL TANKERS.
(a) Comparability Analysis.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Commandant, in consultation with the Secretary
of State, shall enter into negotiations with the Government of
Canada to update the comparability analysis which serves as the
basis for the Cooperative Vessel Traffic Service agreement
between the United States and Canada for the management of
maritime traffic in Puget Sound, the Strait of Georgia, Haro
Strait, Rosario Strait, and the Strait of Juan de Fuca. The
updated analysis shall, at a minimum, consider--
(A) requirements for laden tank vessels to be
escorted by tug boats;
(B) vessel emergency response towing capability at
the entrance to the Strait of Juan de Fuca; and
(C) spill response capability throughout the shared
water, including oil spill response planning
requirements for vessels bound for one nation
transiting in innocent passage through the waters of
the other nation.
(2) Consultation requirement.--In conducting the analysis
required under this subsection, the Commandant shall consult
with the State of Washington and affected tribal governments.
(3) Recommendations.--Within 18 months after the date of
enactment of this Act, the Commandant shall submit
recommendations based on the analysis required under this
subsection to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure. The recommendations shall
consider a full range of options for the management of maritime
traffic, including Federal legislation, promulgation of Federal
rules, and the establishment of cooperative agreements for
shared funding of spill prevention and response systems.
(b) Dual Escort Vessels for Double Hulled Tankers in Prince William
Sound, Alaska.--
(1) In general.--Section 4116(c) of the Oil Pollution Act
of 1990 (46 U.S.C. 3703 note) is amended--
(A) by striking ``Not later than 6 months after the
date of the enactment of this Act, the'' and inserting
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Prince william sound, alaska.--
``(A) In general.--The requirement in paragraph (1)
relating to single hulled tankers in Prince William
Sound, Alaska, described in that paragraph being
escorted by at least 2 towing vessels or other vessels
considered to be appropriate by the Secretary
(including regulations promulgated in accordance with
section 3703(a)(3) of title 46, United States Code, as
set forth in part 168 of title 33, Code of Federal
Regulations (as in effect on March 1, 2009)
implementing this subsection with respect to those
tankers) shall apply to double hulled tankers over
5,000 gross tons transporting oil in bulk in Prince
William Sound, Alaska.
``(B) Implementation of requirements.--The
Secretary of the Federal agency with jurisdiction over
the Coast Guard shall carry out subparagraph (A) by
order without notice and hearing pursuant to section
553 of title 5 of the United States Code.''.
(2) Effective Date.--The amendments made by subsection (b)
take effect on the date that is 90 days after the date of
enactment of this Act.
(c) Preservation of State Authority.--Nothing in this Act or in any
other provision of Federal law related to the regulation of maritime
transportation of oil shall affect, or be construed or interpreted as
preempting, the laws or regulations of any State or political
subdivision thereof in effect on the date of enactment of this Act
which require the escort by one or more tugs of laden oil tankers in
the areas other than Prince William Sound which are specified in
section 4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note).
SEC. 812. EXTENSION OF FINANCIAL RESPONSIBILITY.
Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C.
2716(a)) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(1);
(2) by inserting ``or'' after the semicolon in paragraph
(2); and
(3) by inserting after paragraph (2) the following:
``(3) any tank vessel over 100 gross tons (except a non-
self-propelled vessel that does not carry oil as cargo) using
any place subject to the jurisdiction of the United States;''.
SEC. 813. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.
Within 30 days after the date of enactment of this Act, the
Secretary of the Treasury shall increase the amount invested in income
producing securities under section 5006(b) of the Oil Pollution Act of
1990 (33 U.S.C. 2736(b)) by $12,851,340.
SEC. 814. LIABILITY FOR USE OF SINGLE-HULL VESSELS.
Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(32)(A)) is amended by inserting ``In the case of a vessel, the
term `responsible party' also includes the owner of oil being
transported in a tank vessel with a single hull after December 31, 2010
(other than a vessel described in section 3703a(b)(3) of title 46,
United States Code).'' after ``vessel.''.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. VESSEL DETERMINATION.
(a) Vessels Deemed To Be New Vessels.--The vessel with United
States official number 981472 and the vessel with United States
official number 988333 shall each be deemed to be a new vessel
effective upon the date of delivery after January 1, 2008, from a
privately-owned United States shipyard if no encumbrances are on record
with the United States Coast Guard at the time of the issuance of the
new vessel certificate of documentation for such vessel
(b) Safety Inspection.--Each vessel shall be subject to the vessel
safety and inspection requirements of title 46, United States Code,
applicable to any such vessel as of the day before the date of
enactment of this Act.
SEC. 902. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION FRESNEL LENS TO
PRESQUE ISLE TOWNSHIP, MICHIGAN.
(a) Conveyance of Lens Authorized.--
(1) Transfer of possession.--Notwithstanding any other
provision of law, the Commandant of the Coast Guard may
transfer to Presque Isle Township, a township in Presque Isle
County in the State of Michigan (in this section referred to as
the ``Township''), possession of the Historic Fresnel Lens (in
this section referred to as the ``Lens'') from the Presque Isle
Light Station Lighthouse, Michigan (in this section referred to
as the ``Lighthouse'').
(2) Condition.--As a condition of the transfer of
possession authorized by paragraph (1), the Township shall, not
later than one year after the date of transfer, install the
Lens in the Lighthouse for the purpose of operating the Lens
and Lighthouse as a Class I private aid to navigation pursuant
to section 85 of title 14, United States Code, and the
applicable regulations under that section.
(3) Conveyance of lens.--Upon the certification of the
Commandant that the Township has installed the Lens in the
Lighthouse and is able to operate the Lens and Lighthouse as a
private aid to navigation as required by paragraph (2), the
Commandant shall convey to the Township all right, title, and
interest of the United States in and to the Lens.
(4) Cessation of united states operations of aids to
navigation at lighthouse.--Upon the making of the certification
described in paragraph (3), all active Federal aids to
navigation located at the Lighthouse shall cease to be operated
and maintained by the United States.
(b) Reversion.--
(1) Reversion for failure of aid to navigation.--If the
Township does not comply with the condition set forth in
subsection (a)(2) within the time specified in that subsection,
the Township shall, except as provided in paragraph (2), return
the Lens to the Commandant at no cost to the United States and
under such conditions as the Commandant may require.
(2) Exception for historical preservation.--Notwithstanding
the lack of compliance of the Township as described in
paragraph (1), the Township may retain possession of the Lens
for installation as an artifact in, at, or near the Lighthouse
upon the approval of the Commandant. The Lens shall be retained
by the Township under this paragraph under such conditions for
the preservation and conservation of the Lens as the Commandant
shall specify for purposes of this paragraph. Installation of
the Lens under this paragraph shall occur, if at all, not later
than two years after the date of the transfer of the Lens to
the Township under subsection (a)(1).
(3) Reversion for failure of historical preservation.--If
retention of the Lens by the Township is authorized under
paragraph (2) and the Township does not install the Lens in
accordance with that paragraph within the time specified in
that paragraph, the Township shall return the lens to the Coast
Guard at no cost to the United States and under such conditions
as the Commandant may require.
(c) Conveyance of Additional Personal Property.--
(1) Transfer and conveyance of personal property.--
Notwithstanding any other provision of law, the Commandant may
transfer to the Township any additional personal property of
the United States related to the Lens that the Commandant
considers appropriate for conveyance under this section. If the
Commandant conveys the Lens to the Township under subsection
(a)(3), the Commandant may convey to the Township any personal
property previously transferred to the Township under this
subsection.
(2) Reversion.--If the Lens is returned to the Coast Guard
pursuant to subsection (b), the Township shall return to the
Coast Guard all personal property transferred or conveyed to
the Township under this subsection except to the extent
otherwise approved by the Commandant.
(d) Conveyance Without Consideration.--The conveyance of the Lens
and any personal property under this section shall be without
consideration.
(e) Delivery of Property.--The Commandant shall deliver property
conveyed under this section--
(1) at the place where such property is located on the date
of the conveyance;
(2) in condition on the date of conveyance; and
(3) without cost to the United States.
(f) Maintenance of Property.--As a condition of the conveyance of
any property to the Township under this section, the Commandant shall
enter into an agreement with the Township under which the Township
agrees--
(1) to operate the Lens as a Class I private aid to
navigation under section 85 of title 14, United States Code,
and application regulations under that section; and
(2) to hold the United States harmless for any claim
arising with respect to personal property conveyed under this
section.
(g) Limitation on Future Conveyance.--The instruments providing for
the conveyance of property under this section shall--
(1) require that any further conveyance of an interest in
such property may not be made without the advance approval of
the Commandant; and
(2) provide that, if the Commandant determines that an
interest in such property was conveyed without such approval--
(A) all right, title, and interest in such property
shall revert to the United States, and the United
States shall have the right to immediate possession of
such property; and
(B) the recipient of such property shall pay the
United States for costs incurred by the United States
in recovering such property.
(h) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with the conveyances
authorized by this section as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 903. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY,
MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.
(a) Conveyance Authorized.--The Commandant of the Coast Guard may
convey, without consideration, to the City of Marquette, Michigan (in
this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real property,
together with any improvements thereon, located in Marquette County,
Michigan, that is under the administrative control of the Coast Guard,
consists of approximately 5.5 acres, and is commonly identified as
Coast Guard Station Marquette and Lighthouse Point.
(b) Retention of Certain Easements.--In conveying the property
under subsection (a), the Commandant of the Coast Guard may retain such
easements over the property as the Commandant considers appropriate for
access to aids to navigation.
(c) Limitations.--The property to be conveyed by subsection (a) may
not be conveyed under that subsection until--
(1) the Coast Guard has relocated Coast Guard Station
Marquette to a newly constructed station;
(2) any environmental remediation required under Federal
law with respect to the property has been completed; and
(3) the Commandant of the Coast Guard determines that
retention of the property by the United States is not required
to carry out Coast Guard missions or functions.
(d) Conditions of Transfer.--All conditions placed within the deed
of title of the property to be conveyed under subsection (a) shall be
construed as covenants running with the land.
(e) Inapplicability of Screening or Other Requirements.--The
conveyance of property authorized by subsection (a) shall be made
without regard to the following:
(1) Section 2696 of title 10, United States Code.
(2) Chapter 5 of title 40, United States Code.
(3) Any other provision of law relating to the screening,
evaluation, or administration of excess or surplus Federal
property prior to conveyance by the Administrator of General
Services.
(f) Expiration of Authority.--The authority in subsection (a) shall
expire on the date that is five years after the date of the enactment
of this Act.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Commandant of the Coast
Guard. The cost of the survey shall be borne by the United States.
(h) Additional Terms and Conditions.--The Commandant of the Coast
Guard may require such additional terms and conditions in connection
with the conveyance authorized by subsection (a) as the Commandant
considers appropriate to protect the interests of the United States.
SEC. 904. OFFSHORE SUPPLY VESSELS.
(a) Removal of Tonnage Limits.--
(1) Definition.--
(A) Section 2101(19) of title 46, United States
Code, is amended by striking ``of more than 15 gross
tons but less than 500 gross tons as measured under
section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
(B) Exemption.--Section 5209(b)(1) of the Oceans
Act of 1992 (Public Law 102-587; 46 U.S.C. 2101 note)
is amended by striking ``vessel.'' and inserting
``vessel of less than 500 gross tons as measured under
section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of such
title as prescribed by the Secretary under section
14104 of such title.''.
(2) Application.--Section 3702(b) of title 46, United
States Code, is amended by striking paragraph (1) and
redesignating paragraphs (2) and (3) as paragraphs (1) and (2),
respectively.
(b) Scale of Employment: Able Seamen.--Section 7312(d) of title 46,
United States Code, is amended to read as follows:
``(d) Individuals qualified as able seamen--offshore supply vessels
under section 7310 of this title may constitute all of the able seamen
required on board a vessel of less than 500 gross tons as measured
under section 14502 of this title or an alternate tonnage as measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title engaged in support of exploration,
exploitation, or production of offshore mineral or energy resources.
Individuals qualified as able seamen--limited under section 7308 of
this title may constitute all of the able seamen required on board a
vessel of at least 500 gross tons as measured under section 14502 of
this title or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this title
engaged in support of exploration, exploitation, or production of
offshore mineral or energy resources.''.
(c) Minimum Number of Licensed Individuals.--Section 8301(b) of
title 46, United States Code, is amended to read as follows:
``(b)(1) An offshore supply vessel of less than 500 gross tons as
measured under section 14502 of this title or 6,000 gross tons as
measured under section 14302 of this title on a voyage of less than 600
miles shall have a licensed mate. If the vessel is on a voyage of at
least 600 miles, however, the vessel shall have 2 licensed mates.
``(2) An offshore supply vessel shall have at least one mate.
Additional mates on an offshore supply vessel of at least 6,000 gross
tons as measured under section 14302 of this title shall be prescribed
in accordance with hours of service requirements (including recording
and record keeping of that service) prescribed by the Secretary.
``(3) An offshore supply vessel of more than 200 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title, may not be operated
without a licensed engineer.''.
(d) Watches.--Section 8104(g) of title 46, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) applies to an offshore supply vessel of at
least 6,000 gross tons as measured under section 14302 of this title if
the individuals engaged on the vessel are in compliance with hours of
service requirements (including recording and record-keeping of that
service) as prescribed by the Secretary.''.
(e) Oil Fuel Tank Protection.--
(1) Application.--An offshore supply vessel of at least
6,000 gross tons as measured under section 14302 of this title
that is constructed under a contract entered into after the
date of enactment of this Act, or that is delivered after
August 1, 2010, with an aggregate capacity of 600 cubic meters
or more of oil fuel, shall comply with the requirements of
Regulation 12A under Annex I to the Protocol of 1978 relating
to the International Convention for the Prevention of Pollution
from Ships, 1973, entitled Oil Fuel Tank Protection, regardless
of whether such vessel is engaged in the coastwise trade or on
an international voyage.
(2) Definition.--In this subsection the term ``oil fuel''
means any oil used as fuel in connection with the propulsion
and auxiliary machinery of the vessel in which such oil is
carried.
(f) Regulations.--
(1) In general.--Not later than January 1, 2012, the
Secretary of the department in which the Coast Guard is
operating shall promulgate regulations to implement the
amendments and authorities enacted by this section for offshore
supply vessels of at least 6,000 gross tons as measured under
section 14302 of title 46, United States Code, and to ensure
the safe carriage of oil, hazardous substances, and individuals
in addition to the crew on such vessels. The final rule issued
pursuant to such rulemaking may supersede the interim final
rule promulgated under paragraph (2) of this subsection. In
promulgating regulations under this subsection, the Secretary
shall take into consideration the characteristics of offshore
supply vessels, their methods of operation, and their service
in support of exploration, exploitation, or production of
offshore mineral or energy resources.
(2) Interim final rule authority.--As soon as is
practicable and without regard to the provisions of chapters 5
and 6 of title 5, United States Code, the Secretary shall issue
an interim final rule as a temporary regulation implementing
this section (including the amendments made by this section)
for offshore supply vessels of at least 6,000 gross tons as
measured under section 14302 of title 46, United States Code,
and to ensure the safe carriage of oil, hazardous substances,
and individuals in addition to the crew on such vessels.
(3) Interim period.--After the effective date of this Act,
prior to the effective date of the regulations prescribed by
paragraph (2) of this subsection, and without regard to the
provisions of chapters 5 and 6 of title 5, United States Code,
and the offshore supply vessel tonnage limits of applicable
regulations and policy guidance promulgated prior to the date
of enactment of this Act, the Secretary may--
(A) issue a certificate of inspection under section
3309 of title 46, United States Code, to an offshore
supply vessel of at least 6,000 gross tons as measured
under section 14302 of this title if the Secretary
determines that such vessel's arrangements and
equipment meet the current Coast Guard requirements for
certification as a cargo and miscellaneous vessel; and
(B) authorize a master, mate or engineer who
possesses an ocean or near coastal license under part
10 of subchapter B of title 46, Code of Federal
Regulations, (or any successor regulation) which
qualifies the licensed officer for service on offshore
supply vessels of more than 3,000 gross tons, as
measured under section 14302 of title 46, United States
Code, to operate offshore supply vessels of 6,000 gross
tons or greater, as measured under such section.
SEC. 905. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND TRAFFIC FLOW.
(a) Information on Usage.--Within 60 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall--
(1) determine the types and numbers of vessels typically
transiting or utilizing that portion of the Atlantic
Intracoastal Waterway beginning at a point that is due East of
the outlet of the Cutler Drain Canal C-100 in Dade County,
Florida, and ending at the Dade County line, during a period of
30 days; and
(2) provide the information on usage compiled under this
subsection to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(b) Assessment of Certain Aids to Navigation.--Within 90 days after
the date of enactment of this Act, the Commandant of the Coast Guard
shall--
(1) review and assess the buoys, markers, and other aids to
navigation in and along that portion of the Atlantic
Intracoastal Waterway specified in subsection (a), to determine
the adequacy and sufficiency of such aids, and the need to
replace such aids, install additional aids, or both; and
(2) submit a report on the assessment required by this
section to the committees.
(c) Submission of Plan.--Within 180 days after the date of
enactment of this Act, the Commandant shall submit a plan to the
committees to address the needs identified under subsection (b).
SEC. 906. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF UNINSPECTED
PASSENGER VESSELS ON LAKE TEXOMA IN TEXAS AND OKLAHOMA.
(a) In General.--Upon the request of the Governor of the State of
Texas or the Governor of the State of Oklahoma, the Secretary of the
department in which the Coast Guard is operating shall enter into an
agreement with the Governor of the State whereby the State shall
license operators of uninspected passenger vessels operating on Lake
Texoma in Texas and Oklahoma in lieu of the Secretary issuing the
license pursuant to section 8903 of title 46, United States Code, and
the regulations issued thereunder, but only if the State plan for
licensing the operators of uninspected passenger vessels--
(1) meets the equivalent standards of safety and protection
of the environment as those contained in subtitle II of title
46, United States Code, and regulations issued thereunder;
(2) includes--
(A) standards for chemical testing for such
operators;
(B) physical standards for such operators;
(C) professional service and training requirements
for such operators; and
(D) criminal history background check for such
operators;
(3) provides for the suspension and revocation of State
licenses;
(4) makes an individual, who is ineligible for a license
issued under title 46, United States Code, ineligible for a
State license; and
(5) provides for a report that includes--
(A) the number of applications that, for the
preceding year, the State rejected due to failure to--
(i) meet chemical testing standards;
(ii) meet physical standards;
(iii) meet professional service and
training requirements; and
(iv) pass criminal history background check
for such operators;
(B) the number of licenses that, for the preceding
year, the State issued;
(C) the number of license investigations that, for
the preceding year, the State conducted;
(D) the number of licenses that, for the preceding
year, the State suspended or revoked, and the cause for
such suspensions or revocations; and
(E) the number of injuries, deaths, collisions, and
loss or damage associated with uninspected passenger
vessels operations that, for the preceding year, the
State investigated.
(b) Administration.--
(1) The Governor of the State may delegate the execution
and enforcement of the State plan, including the authority to
license and the duty to report information pursuant to
subsection (a), to any subordinate State officer. The Governor
shall provide, to the Secretary, written notice of any
delegation.
(2) The Governor (or the Governor's designee) shall provide
written notice of any amendment to the State plan no less than
45 days prior to the effective date of such amendment.
(3) At the request of the Secretary, the Governor of the
State (or the Governor's designee) shall grant, on a biennial
basis, the Secretary access to State records and State
personnel for the purpose of auditing State execution and
enforcement of the State plan.
(c) Application.--
(1) The requirements of section 8903 of title 46, United
States Code, and the regulations issued thereunder shall not
apply to any person operating under the authority of a State
license issued pursuant to an agreement under this section.
(2) The State shall not compel a person, operating under
the authority of a license issued either by another State,
pursuant to a valid agreement under this section, or by the
Secretary, pursuant to section 8903 of title 46, United States
Code, to--
(A) hold a license issued by the State, pursuant to
an agreement under this section; or
(B) pay any fee, associated with licensing, because
the person does not hold a license issued by the State,
pursuant to an agreement under this section.
Nothing in this paragraph shall limit the authority of the
State to impose requirements or fees for privileges, other than
licensing, that are associated with the operation of
uninspected passenger vessels on Lake Texoma.
(3) For the purpose of enforcement, if an individual is
issued a license--
(A) by a State, pursuant to an agreement entered
into under to this section, or
(B) by the Secretary, pursuant to section 8903 of
title 46, United States Code,
then the individual shall be entitled to lawfully operate an
uninspected passenger vessel on Lake Texoma in Texas and
Oklahoma without further requirement to hold an additional
operator's license.
(d) Termination.--
(1) If--
(A) the Secretary finds that the State plan for the
licensing the operators of uninspected passenger
vessels--
(i) does not meet the equivalent standards
of safety and protection of the environment as
those contained in subtitle II of title 46,
United States Code, and regulations issued
thereunder,
(ii) does not include--
(I) standards for chemical testing
for such operators,
(II) physical standards for such
operators,
(III) professional service and
training requirements for such
operators, or
(IV) background and criminal
investigations for such operators,
(iii) does not provide for the suspension
and revocation of State licenses, or
(iv) does not make an individual, who is
ineligible for a license issued under title 46,
United States Code, ineligible for a State
license, or
(B) the Governor (or the Governor's designee) fails
to report pursuant to subsection (b),
the Secretary shall terminate the agreement authorized by this
section, if the Secretary provides written notice to the
Governor of the State 60 days in advance of termination. The
findings of fact and conclusions of the Secretary, if based on
a preponderance of the evidence, shall be conclusive.
(2) The Governor of the State may terminate the agreement
authorized by this section, if the Governor provides written
notice to the Secretary 60 days in advance of the termination
date.
(e) Existing Authority.--Nothing in this section shall affect or
diminish the authority or jurisdiction of any Federal or State officer
to investigate, or require reporting of, marine casualties.
(f) Uninspected Passenger Vessel Defined.--In this section the term
``uninspected passenger vessel'' has the meaning that term has in
section 2101(42)(B) of title 46, United States Code.
TITLE X--BUDGETARY EFFECTS
SEC. 1001. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Attest:
Secretary.
111th CONGRESS
2d Session
H. R. 3619
_______________________________________________________________________
AMENDMENT